APPLICATION UNDER SECTION 7 & 10 OF THE GUARDIAN AND WARDS ACT



APPLICATION UNDER SECTION 7 & 10 OF THE GUARDIAN AND WARDS ACT  SAMPLE


IN THE COURT OF IIIrd FAMILY JUDGE KARACHI (SOUTH) 
Guardian & Ward Petition No. /2009
Dr Rose Lobo, w/o James Lobo, Christian, Adult, 
r/o Flat No. 222, Farhan Mansion, Saddar, Karachi. --------------------- PETITIONER 
                                                 VERSUS
1. Hilary Fernandez, widow of (Late) Paul Fernandez, Christian, Adult, r/o St. August’s Home, Cantt Bazaar, Karachi. 
2. Sunshine Orphanage, St. Peter’s Church, Saddar, Karachi. 
3. Public at large -------------------------------------- RESPONDENTS 
George Fernandez                                                            MINOR 

APPLICATION UNDER SECTION 7 & 10 OF THE GUARDIAN AND WARDS ACT 


The Petitioner hereinabove humbly submits as follows: 

1. That the marriage of the Petitioner to her husband, James Lobo, was solemnized in accordance with the Roman Catholic Laws on 11/04/1993. Since the inception of their marriage, the couple has been enjoying their matrimonial life with the fullest of happiness, understanding, love and affection within the limits and boundaries laid down by their religious laws. Out of wedlock, the couple was blessed with three children who are 15, 12, and 11 years old respectively.

2. It is submitted that both the Petitioner and her husband are educated and are enjoying a good standard of living. The Petitioner is a doctor by profession while her husband is serving as an BPS-18 superintendent of Karachi University. 

3. That the marriage of the parents of the minor, George Fernandez (hereinafter referred to as the “minor”), namely, Bill Fernandez and Alice Fernandez, was solemnized as per the Roman Catholic Laws in 1995, and, out of said wedlock, on 23/05/1997, they were blessed with the minor. 
                            (Photocopy of the birth certificate is attached herewith and marked as Annexure “P1”) 

4. That the father of the minor, Bill Fernandez, deserted and abandoned his family after the minor was born and never returned home to his family. It would be necessary to mention here that ever since the father of the minor deserted his family, his whereabouts had remained unknown to his wife i.e., the mother of the minor. 

5. That after such desertion and abandonment by the father, the mother of the minor took upon herself the responsibility of taking care of the minor by herself, but unfortunately, she met her demise on 20/08/2005. Pursuant to the demise of the mother of the minor, Respondent No. 1, the sole living relative of the minor and his maternal grandmother, was moved to St. August’s Old Age Home given the fact that she is extremely old and lacked the sufficient and necessary means to raise the minor. The minor was moved by the end of August, 2005, to Respondent No. 2, an orphanage institution run by the church, St. Peter’s Church, for the welfare and betterment of Christian orphans. 
                            (Photocopies of the death certificate & burial certificate of the mother & Respondent No. 1’s transfer to the old age home is attached herewith and marked as Annexures “P-2”, “P-3” & “P-4” respectively) 

6. That when the husband of the Petitioner, who voluntarily served Respondent No. 2 in 2003 and a close friend of the minor’s parents, learned about the agonizing ordeal that the minor had suffered decided to adopt him into his family. After duly deliberating the matter with his wife i.e., the Petitioner in the instant case, they mutually agreed and decided to share the responsibility by taking the minor into their guardianship. 

LEARN HOW TO DRAFT APPLICATION UNDER SECTION 7 & 10 OF THE GUARDIAN AND WARDS ACT 


7. That in order to fulfil their desire to adopt the minor into their family, the Petitioner and her husband disclosed their intention to the Respondent No. 2 and the church for the custody of the minor under the guardianship of the Petitioner and her husband, which was welcomed and appreciated. It is submitted further that the Petitioner and her husband were temporarily handed over the custody and guardianship of the minor vide letter dated 03/03/2006 which was further confirmed by another letter dated 05/05/2006. 
(Photocopies of both letters are attached herewith and marked as Annexures “P-5” and “P-6” respectively) 

8. It is submitted that in July, 2006, the Respondent No. 2 willingly delivered the permanent custody of the minor to the Petitioner after it was satisfied that that the behaviour of the Petitioner and her family was for the welfare of the minor and after obtaining permission in writing of Respondent No. 1 and fulfilment of necessary formalities and paperwork.
 (Photocopies of the permission and no objection certificate are attached herewith and marked as Annexures “P-7” and “P-8” respectively) 

9. That the minor has been living with the Petitioner and her family since the custody was handed over to them. Bearing the commitment and the responsibility that the Petitioner and her husband were entrusted within their mind, the Petitioner and her husband have been attending to the needs of the minor as one of their own children. It is further submitted that the minor is presently studying in Class VII in St. John’s School along with the children of the Petitioner. 

10. That the Petitioner and her husband have been taking good and proper care of the minor on each and every occasion, showing him the same love and affection as they have for their biological children and properly shouldering the responsibility in all respects in the best and paramount interest, happiness and welfare of the person of the minor, hence, this application. 

APPLICATION UNDER SECTION 7 & 10 OF THE GUARDIAN AND WARDS ACT (LEGAL DRAFTING)


11. That the cause of action accrued to the Petitioner for the facts and reasons disclosed hereinabove. For the purposes of court fee and jurisdiction, proper court fee has been affixed hereon and the minor is residing along with the Petitioner and her family within the limits of P. S. _______________________________, which falls within the territorial jurisdiction of this Hon’ble Court. 

PRAYER 

It is, therefore, in the interest of justice, equity and good conscience prayed that this Hon’ble Court may be pleased to allow this application as follows: 

a. Appoint the above-named Petitioner as the lawful and legal guardian of the minor, in the best interest and paramount welfare and well-being of the minor. 

b. Any other, better, further and/or equitable relief that this Hon’ble Court may deem fit, proper and necessary, given the prevalent facts and circumstances of the case.

K A R A C H I                                                     (SAJID MIR)


Dated 00.00.0000                                    Advocate for the petitioner

CERTIFICATE

This is to certify that this is a first application U/S 7 & 10 of the guardian and wards act and no such application of same nature has been preferred by undersigned on behalf of the present applicant.

K A R A C H I                                                     (SAJID MIR)


Dated 00.00.0000                                    Advocate for the petitioner

  • Document(s) filed: Annexure ‘P-1 to P-8’ 
  • Document(s) relied upon: Annexure ‘P-1 to P-8’and all other documents that are necessary and relevant to the subject matter. 
  • Address for service: As mentioned in the Title. 
  • Address for the Petitioner’s counsel: As mentioned in the Vakalatnama
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