IN THE COURT OF XIVTH FAMILY JUDGE, KARACHI CENTRAL

FAMILY SUIT NO. _____/2019

ABC………………………….APPLICANT
VERSUS
XXXX …………………….. RESPONDENT
1. XXXXXXX, all the above named minors are presently in the care and
custody ad litem of the Respondent Mother
WARDS
Respectfully Sheweth:
That For the reasons narrated in the accompanying Affidavit, it is respectfully
prayed on behalf of the Applicant / Answering Respondent that this
Honourable Court may very graciously be pleased to grant and allow a
temporary custody of all the four minor children as named above for two days
and an overnight stay at the home of the Applicant, for his being the real
biological father of all the four minors, on account of Public Holidays on the
eve of Eid Al Azha, while keeping in view of the growing ages of the minors in
juxta position with the doctrine of welfare of the minor, ex debitio justitiae, in
the peculiar circumstances of the instant matter, hence this Application.
That In view of the submissions, in as much as keeping in view of the growing
ages and needs of this very age of all the four minor children, it is most humbly
prayed that this Honourable Court may very graciously accept the instant
Application in the best interests of the principles of Natural Justice, Fair Play,
Equity and the Welfare of both twin Minor children of the Applicant and may
very kindly be pleased to grant :-
Temporary Custody of Minor son namely XXXXXX for 2 days and an
overnight stay on account of public holidays during Eid Al Adha vacations, so
that the Minor children can celebrate the sacred festival of Eid-ul-Adha with
their Father and other extended maternal family at the home of their Non
Custodial Father.
That any other relief that this Honourable Court deems just and appropriate
may also very graciously be extended to the Petitioner while keeping in view of
the peculiar circumstances of the instant matter in as much as the growing age
of the minor and attending demands of the growing age and socializing.
That The Prayers are made in the interest of Justice, Fair Play, Equity and
Welfare of the Minor.
ADVOCATE FOR THE APPLICANT / ANSWERING RESPONDENT
Fahad Ahmad Siddiqi & Ahmad Khan Bugti
Advocate High Court -----Advocate High Court
FOR
Qadeer Ahmad Siddiqi Law Associates
M/s. Child Custody Law Services in Pakistan
Head Office: Ground Floor, Siddiqi Plaza, 7- Turner Road, Opposite Lahore
High Court at Lahore,
Karachi Office: M-9 Al-Fatima Chambers Near Passport Office Saddar Karachi
Phone: 92-42-7241319; Mob 92-300-8411403(LHR); ; E-Mail:
qaslaw@gmail.com
Facebook: https://www.facebook.com/CCLSIP/
IN THE COURT OF XIVTH FAMILY JUDGE, KARACHI CENTRAL
FAMILY SUIT NO. _______/2019
ABC ………………………….APPLICANT
VERSUS
Mst. XXXX …………………….. RESPONDENT
1. XXXXX all the above named minors are presently in the care and custody ad
litem of the Respondent Mother
WARDS
(Custody Petition NO. ____/19)
APPLICATION FOR THE GRANT OF TEMPORARY CUSTODY /
VISITATION OF MINOR SON NAMELY XXXXXX, RESPECTIVELY FOR
TWO DAYS AND AN OVERNIGHT STAY WITH THE APPLICANT ON
ACCOUNT OF PUBLIC HOLIDAYS ON EID UL AZHA.
Respectfully Sheweth:
I ABC, son of XXXXX resident of solemnly affirm, declare and do hereby
depose on oath as under:
1. That I say that I am the Applicant/ Petitioner in the instant litigation and a
deponent of this Affidavit, well conversed with the contents of the Affidavit as
well as with the facts and circumstances of the instant matter in as much as a
Non Custodial Father of four minor children namely XXXXXXX out of this
wedlock. It is significant to be noted here that the Applicant is a loving and
caring father therefore seeking temporary custody of all the above named
minor children for 2 days and an Overnight Stay on account of Public Holidays
on Eid Al Adha:
2. That I say that the worst possible thing that can happen in a child’s life,
apart from losing a parent, is to become a rolling ball in a parents’ divorce and
ensuing custody battles. Whilst the spouses and their families hurl accusations
and try to get the better of each other, the trauma being suffered by the child
may sometimes be overshadowed by the volley of hurt and anger of the
parties, for which law would provide no compensation.
3. That I say that it is the inalienable right of every minor child to have free
access to his or her parents, including the Non Custodial Parents for an
appropriate time so as to develop a bonding, love and affection with his
parents.
4. That I say that the Applicant is the real father of the minor children and his
visitation rights involves the rights of minor towards their father, hence
fatherly supervision, channeling activities of the minor and supervision of the
father would certainly be beneficial for the welfare of the minor in the peculiar
circumstances of the instant matter, which cannot be denied. Reliance is
placed at 2019 MLD 804 Karachi
5. That I say that in matters of custody of children, factor that the mother loves
her children cannot alone give her an edge over the mother who is equally
affectionate towards his children. Guardian Courts have to distinguish
between right of guardianship and right of visitation. Which they
unfortunately are not inclined to acknowledge. Adjudication of Petition under
Section 25 of the G & W Act must not be considered a bridle to allow enlarged
interim visitation/ custody of the minor to the Non Custodial Parent filed
under the provisions of Section 12 of the G & W Act, hence this Application.
6. That I say that It is in the interest of justice and fair play and the welfare of
the Minors that they should be handed over to stay with the Applicant and
Paternal Family to enjoy and celebrate this sacred occasion during Eid and to
stay overnight for at least two days so as to help the minor children, generate
affinity and bondage with their Paternal side of the family.
7. That I say that irrespective of the fact whether the application before the
family / Guardian Judge is under the provisions of Section 12 of the Guardian
& Wards Act for interim custody of the minor or under Section 25 of the Act
ibid, the only consideration which requires to be adhered by the Learned
Guardian Court is the Welfare of the minor and nothing else. Reliance is
placed at 2018 MLD 1592 Lahore
8. That I say that I crave to agitate further grounds save in the line and
accordance with the citation reported as 2018 SCMR 1991 at the time of
adjudication of instant Application
DEPONENT
Karachi
06.07.2020