Guardian & Ward Petition No. /2011

Fatima Sher Raza d/o Shakeel Bhatti, Muslim, Adult, r/o 

Flat 12L, Block 8, Gulshan Iqbal, Karachi. ---------------------- PETITIONER 


Sher Raza s/o Sohail Raza, Muslim, Adult, r/o House 

No. 11-A, Qaim Road, Block 6, Gulshan 

Iqbal, Karachi. -------------------------------------- RESPONDENT

Muhammad Salman                                                             MINOR


1. That the marriage of the Petitioner to the Respondent was solemnized in accordance with the Islamic Shariah laws on 22/10/99. Out of wedlock, the couple was blessed with one son, namely, Muhammad Salman, hereinafter referred to as the “minor”, who at present is nearly nine years old. It would be pertinent to mention at this juncture that the Respondent was performing his duties as a government servant in BPS-16, whilst the Petitioner was also performing her duties as a government servant in BPS-17 at the time of the marriage. At present, the Petitioner is serving in BPS-18 and is earning much more than the Respondent is. 

                    (Photocopy of the Nikahnama and the birth certificate of the minor is attached herewith and marked as Annexures “P-1” and “P-2” respectively)

2. That since the very inception of their marriage, the Respondent’s attitude towards the Petitioner was harsh and the Respondent subjected the Plaintiff to both physical and mental torment and anguish. Such unethical and appalling actions have caused irreparable mental and physical trauma to the Petitioner, for which she reserves the right to seek compensation from a competent court of law. 

3. It is submitted that despite the fact that the family of the Petitioner provided everything essential for the domestic use of their daughter as dowry, the Respondent used to demand articles of exorbitant value from the Petitioner’s parents. In order to meet these unnecessary demands of the Respondent, the Petitioner’s parents were compelled to sell out most of their shares in the joint family property.

                         (Photocopy of list of articles given in dowry and list of articles demanded by the Respondent are attached herewith and marked as Annexure “P-3” and “P-4” respectively) 

4. That the Petitioner’s father passed away on 11/04/10, following which, the mother of the Petitioner was unable to meet the demands of the Respondent because she was facing financial hardships. Because of this, the Respondent divorced the Petitioner three times on the evening of 30/07/10. 

5. That, thereafter, he demanded that she return to her parents’ place, which the Petitioner having no other option, complied with the same. It is submitted that he did not hand over the minor son to the Petitioner. Instead, he retained the custody of the minor. 

6. That after the divorce, the Petitioner used to talk to the minor on the phone every day as the Respondent did not allow him to go to the Petitioner’s house. It is further submitted that two months after the Respondent divorced the Petitioner; she learned from mutual friends that the Respondent had contracted a second marriage. 

7. That as soon as the Respondent contracted the second marriage, the Petitioner noticed that she was not allowed to talk as frequently to the minor as she could do so before the Respondent got married the second time. It would be pertinent to state at this juncture that whenever the Petitioner would call the Respondent and ask to talk to the minor, she would always be given excuses. 

8. That on or about 27/01/2011, the Petitioner received a call on her mobile phone from her minor son. During the conversation with his mother, he informed her that after the Respondent’s second marriage, his behaviour changed completely. He told the Petitioner that the Respondent and his second wife beat him regularly on the most trivial of matters. Furthermore, the second wife did not provide meals regularly and on time, and would make him do all the household work as well. 

9. That when the Petitioner learned about the maltreatment of her minor son, she was devastated and upset. She immediately asked her mother to go with her to the Respondent’s house and to ask him to hand over the custody of the minor to her. It is further submitted that when the Petitioner and her mother went over to the Respondent’s house, they were not even allowed to enter the place. 

10. That the Petitioner, having left with no other alternative, served a legal notice on the Respondent through her lawyer dated 29-01-2011, which was returned un-served. 

                        (Photocopy of the legal notice is attached herewith and marked as Annexure “P-5”) 

11. That the Petitioner, being the real mother of the minor, has the proper love and affection with him and cannot afford to live away from him. It is submitted that the paramount consideration regarding the welfare of the minor lies with the Petitioner as she and her mother are highly educated and are in a better position to take care of the minor. 

12. 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 Respondent within the limits of P. S.___________________________, which falls within the territorial jurisdiction of this Hon’ble Court. 


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. Direct the Respondent to hand over the physical custody of the minor to the Petitioner in the interest of the welfare of the minor; 

c. 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; & 

d. Costs of the Petition.

K A R A C H I                                               (SAJID MIR)

Dated 00.00.0000                                 Advocate for the Plaintiff


This is to certify that this is a first restitution OF CONJUGAL RIGHT and no such application of same nature has been preferred by undersigned on behalf of the present Plaintiff.

K A R A C H I                                               (SAJID MIR)

Dated 00.00.0000                                 Advocate for the Plaintiff

  • Document(s) filed: Annexure ‘P-1 to P-5’ 
  • Document(s) relied upon: Annexure ‘P-1 to P-5’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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