IN THE COURT OF DISTRCT JUDGE, LAHORE

Appeal No. ___________ 2011

Sheikh Rifat Anwar S/o Sheikh Anwar-ul-Haq R/o House No.54-F Wahad Colony, Lahore.

APPELANT Vs Mst. Mehar-ul-Nisa D/o Abid Khan R/o House No. Abdul Aziz Block, Dental Society Harbance Pura, Lahore.

RESPONDENT

APPEAL AGAINST THE DECISION DATED 29.01.2011 PASSED BY MR.MAHMOOD AZAM GUARDIAN JUDGE-III LAHORE
Respectfully Sheweth:

1. That the brief facts and circumstances leading to the institution of the present appeal are that the respondent filed a petition under section 25 of guardian and wards act 1890 which is decided on dated 29.01.2011 without appreciating the evidence and facts of the case. 2. That the Judgment/decision which was passed on dated 29.01.2011 is totally illegally, unlawful without applying judicial mind against the law and fact of the case hence liable to set aside on the following.

GROUNDS
a) That the order dated 29.01.2011 is absolutely illegal against the law and facts and liable to be set-aside as the appellants version on record is very much clear and absolute with regard to the minors welfare but the trial court passed the order without appreciating this fact which is absolutely illegal unlawful and result of non consideration of law. b) That under the law where a litigation is pending and valuable rights of parties are involved the same cannot be proceeded by be passing the pleadings and welfare of the minors. Which have been ignored in this case by way of mechanical process and passed the order which is not permissible in law in any manner whatsoever. c) That the present case cannot be decided without going through carefully upon the factual issues and minors care which are very much material in resolving the controversy but the court has ignored this aspect of the case. Hence the same is not tenable in the eyes of law. d) That the minors are being kept away from father in an improper minor and to finish the estrangement of the father with the minors it is very important that the minors be handed over to the father accordingly. e) That the mothers house is absolutely against the welfare atmosphere of the minor and brought up of the minors but this aspect has been ignored. f) While the appellant regularly paid the maintenance of minor and also received by the respondent. g) That the respondent succeeded to deceive the Court through their false evidence intentionally. Whereas the real fact of the case are entirely different as presented by the respondent through her evidence. Where mere presumption of truth cannot be taken. h) That the respondent filed a suit for maintenance first in Gujranwala where appellant to paid maintenance regularly. Thereafter respondent return the case and filed the same in Lahore where the appellant regularly paid the maintenance as according to the courts order till 16.03.2010 there after dated 18.03.2010 a decree was passed @ rate of 1500/- each while the court received at the rate of 2000/- each per month in the court, then the respondent filed an appeal on date 04.05.2011 before ADJ which was decided on 24.09.2010 ex-parte which is a clear proof that appellant regularly paid the maintenance of

minor. That the copies of the orders of learned trial court where the maintenance was recovered ere attached as annexure A i) That the appellant always tried to full fill the desired of his own children after separation whereas the respondent never obeyed the courts orders because of it only 10 to times appellant succeeded to meet his minors in five years of time period. Whereas the court file is filed with the warrants of section 100 of Cr P C, but on the other side in these few meeting appellant kept to fulfill the desires of the minors as the demanded. The copy of receipts as attached as annexure B j) That the mere consideration of love and affection of the mother with the child would be conducive to the welfare of the minor to give him in the custody of stepfather in the presence of real father who admittedly had not gone for second marriage. The father having sufficient source of income was well off. He was living in a posh area and was capable of maintaining the minor in better manner and providing him proper education and thus he being real father of the minor in better guardian could not be deprived of the custody of his minor son of the age of more then 7 years. k) That according to the Muslim personal law mother losses her right of guardianship when the minors the minors cross the age 7 years and secondly if mother got married to other person unknown to the minors. l) That in the interest of welfare of minors it would be better to handover the custody of the minors to the father accordingly. m) That the learned guardian court totally failed to explain where the meeting of minors should be held, whereas the respondent never bring the minors not even once in the court, there fore such kind of non speaking judgment liable to set aside. n) That the respondent have no source of income which is an important ingredient and even otherwise there is no male member except husband of respondent who is living in the house of respondent, so there is no one male member who can guide and help the minors for their day to day affairs except step father. o) That while passing the impugned Judgment dated 29.01.2011 learned trial court failed to apply his judicial mind. p) That bear reading of the Judgment and Decree passed by the trial Court show that it was passed on presumptions without keeping in view the real facts and the welfare of the minors. q) That the learned Judge Guardian Court has acted in hasted and passed the Judgment in away of punishment. Whereas the respondent intentionally produce false evidence. That as the

judgment dated 29.01.2011 taken by hiding the real facts f the case illegally, unlawfully if the judgment dated 29.01.2011 shall not be set aside the appellant shall suffer irreparable lass and injury which is against Natural justice and equity.

Prayer
Under the above mentioned facts law and circumstance it is there fore most respectfully prayed that the present appeal may very kindly be accepted and the judgment dated 29.01.2011 may kindly be set side and the custody of the minors may kindly be delivered to the appellant declared null and void in the in trust of justice and equity. That it is to prayed that the schedule of the meeting with minors may kindly be re-prepared in which the minors may kindly be handed over to the appellant at least two complete days in the month even otherwise on the occasion of EID-ulFatir and EID-ul-Azah and even during the pendency of present appeal. Any other relief which the Honorable appellant is entitled may also be granted to the appellant in the larger interest of Justice and equality.
APPELANT

Through

Muhammad Kamran Siddiquei Advocate High Court Iman Law Associates

Verification
Verified on oath at Lahore on this __ day of February 2011 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form

RESPONDENT

IN THE COURT OF DISTRCT JUDGE, LAHORE

Appeal No. ___________ 2011

Sheikh Rifat Anwar

Vs

Mst. Mehar-ul-Nisa

APPEAL AGAINST THE DECISION DATED 29.01.2011 PASSED BY MR.MAHMOOD AZAM GUARDIAN JUDGE-III LAHORE

AFFIDAVIT OF

Sheikh Rifat Anwar S/o Sheikh Anwar-ulHaq R/o House No.54-F Wahad Colony, Lahore.

I, the above named deponent solemnly affirm and declare as under;

That the Contents of the accompanying appeal are correct and true to the best of dependants knowledge and belief and nothing has been concealed there from.

DEPONENT Verification
Verified on oath at Lahore on this _____ day of February 2011 that all the contents of the above affidavit are correct and true to the best of my knowledge and belief.

DEPONENT

IN THE COURT OF DISTRCT JUDGE, LAHORE

In Re:-

Sheikh Rifat Anwar

Vs

Mst. Mehar-ul-Nisa

(PETITION UNDER SECTION 12 OF THE GUARDIAN AND WARD ACT)

APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE INTERM CUSTODY OF THE MINORs
Respectfully Sheweth:1. That the petitioner has filed the above titled appeal in this Honorable Court in which no date of hearing has been fixed so far. 2. That the contents of the appeal under section 47 Guardian and Ward Act be read as part of this petition. 3. That the case of the petitioner is prima facie and arguable as the minor is in the custody of the respondent and the respondent had re-married so the minors cannot be given in the custody of a person who is unknown to the minors. 4. That it is in the welfare of the minor, if there temporary custody may be entrusted to the petitioner, who is the real father and can properly educate and better living to the minor. 5. That the respondent has also refused to allow the petitioner to see the minors and petitioner want to see his minors to whom the petitioner has not met for last about two months.

Prayer
Under the above mentioned circumstances, it is most respectfully prayed that the order of temporary custody may very kindly be passed in favour of the petitioner. It is also prayed that the respondent may be directed to produce the minors in the Court and petitioner be allowed to see and meet his minors which is in the interest of justice.

PETITIONER Through

COUNCIL MUHAMMAD KAMRAN SADDIQUIE ADV

IN THE COURT OF DISTRCT JUDGE, LAHORE

Appeal No. ___________ 2011

Sheikh Rifat Anwar

Vs

Mst. Mehar-ul-Nisa

APPEAL AGAINST THE DECISION DATED 29.01.2011 PASSED BY MR.MAHMOOD AZAM GUARDIAN JUDGE-III LAHORE

AFFIDAVIT OF

Sheikh Rifat Anwar S/o Sheikh Anwar-ulHaq R/o House No.54-F Wahad Colony, Lahore.

I, the above named deponent solemnly affirm and declare as under;

That the Contents of the accompanying petition are correct and true to the best of dependants knowledge and belief and nothing has been concealed there from.

DEPONENT Verification
Verified on oath at Lahore on this _____ day of February 2011 that all the contents of the above affidavit are correct and true to the best of my knowledge and belief.

DEPONENT