1
IN THE COURT OF THE HON’BLE DISTRICT JUDGE,
THANE
AT THANE
Misc. Appln. No. of 2018
________________________ ------ Applicant
v/s
________________________ ------ Opponent
Application for Declaration of Guardianship, Access
rights and custody of person of minor children, viz. (1)
SAUDA, (daughter, aged about 4 years), and (2)
MARZIYA, (daughter, aged about 3 years), under
Section 7 of the Guardianship and Wards Act, 1890.
MAY IT PLEASE YOUR HONOUR
The Applicant above-named most respectfully submits as under:
2
1) It is submitted that the Applicant is a Muslim by birth and the
nationality of the applicant is Indian and the Applicant resides
in Mumbra, Dist Thane. The applicant is a responsible and
respectable person and earns his livelihood by doing his job,
and tries his level best to provide food, clothing and shelter for
himself and his family. The Opponent is the former ex-wife of
the Applicant. The addresses of the parties for the purpose of
summons and notices of this Hon'ble Court are as mentioned in
the cause title above.
2) It is submitted that the Applicant’s marriage to Opponent was
solemnized on 03/03/2014 by way of NIKAH as per customs
and traditions governing Islamic marriage. Out of the said
legal wedlock, they have 2 (two) children, namely viz. (1)
SAUDA, (daughter, aged about 4 years), and (2) MARZIYA,
(daughter, aged about 3 years).
3) It is submitted that during the span of four years of marriage,
the Opponent had shown such conduct exhibiting utter
disrespect to pious marital relationship and she has involved
herself in shameful & illicit acts, despite been given enough
opportunity to mend her ways. Her attitude, conduct and
behavior towards the Applicant and their children, so also their
marital relationship exhibited that she was no more interested in
3
maintaining the said pious relationship and hence the Applicant
thought that she did not deserve to be as his wife.
4) It is submitted that various reconciliatory efforts from the
Applicant’s side have proven futile and then the only way left
for the Applicant was to end the relationship which the
Applicant could not take further.
5) It is submitted that in the month of __________ the Opponent
had arrogantly left the company of the Applicant, and since
then the opponent had custody of both the children. It is during
this period, the Opponent under influence of her relatives,
choose to filed various false litigation against applicant and his
relatives rather to save the said pious relationship.
6) It is submitted that for above reasons the Applicant did not
want his minor children to be with the Opponent as it would be
detrimental for their healthy growth. It is submitted that
therefore the Applicant needed to approach this Hon'ble Court
for a declaration and injunction directing the Opponent to hand
over the custody of the said minor children to the Applicant.
Hence the applicant is constrained to seek declaration from this
court of justice by making the present application.
4
7) It is submitted that the detailed information as per Section 10 of
the Guardianship and Wards Act 1890 in as follows:-
(a) Minor children’s name-
a. SAUDA, (daughter, aged about 4 years),
b. MARZIYA, (daughter, aged about 3 years)
(b) The said minors are females respectively, and are unmarried
and Applicant is their real biological father.
(c) The Applicant is not claiming any property of the said
minor, hence, not applicable.
(d) The Opponent has the custody of the said minor Children’s
(e) The Applicant is the minor children’s father. However the
other relative of the minor children is the Opponent herself
who is their mother.
(f) No. not applicable.
(g) No other application is made to any other Court for custody
of the minor or of any property.
5
(h) The present application is only for declaration of
Guardianship of the said minor, access right and so also the
custody of the minor children.
(i) The Applicant is the father of the said minor and is a
gainfully employed man who is capable and well endowed
to take care of the said minor. Moreover the paramount
welfare of the child could be ensured if the said minor
children are with the Applicant, for the reasons as
mentioned above.
(j) The detailed grounds for which the Applicant is preferring
this application are as follows:-
i) The Applicant is gainfully employed and hence is well
endowed to look after all the needs of the said minor
children.
ii) The Applicant, during the opponent stays in matrimonial
house had taken care of all the expenses as and when
demanded by the opponent. The applicant had taken all
the responsibility of his daughters. The applicant have
paid the complete attention towards his responsibility his
wife i:e the opponent and his daughters.
6
iii) The applicant being a responsible husband and father
continuously paying Rupees 6,000/-per month from 2017
when the opponent left the company of applicant until
date.
iv) The Applicant stays with his parents, who can take care
of the said minor children when the Applicant is out for
work.
v) The Opponent and her relatives are not capable of
maintaining and looking after the needs of the said minor
daughters as the Applicant who is the real father of the
said minor is the right person who can take proper care of
the said minor rather than the Opponent. It is pertinent to
note that the Opponent is involved in various activities
which are rather shameful and anti-social and those acts
were the main cause of their separation. The acts are such
grave that the Applicant does not find it proper to
mention in this petition. However, the Applicant shall
apprise this Hon'ble Court about those vulgar & anti-
social acts at the time of hearing this case and/or as and
when this Hon'ble Court directs.
vi) If the said minor children are made to stay with the
Opponent, the said minor children, because to their
7
tender age, may be tempted and provoked by observing
such shameful, disgusting, vulgar acts of their mother
Opponent which are still continued by the Opponent, and
this will have an adverse impact on the tender minds
of the minor children and the same shall have a
detrimental effect on the minor children’s health too.
vii) Moreover, the minor children shall be deprived of the
fatherly love and affection their tender age needs and
which could have a adverse affect on their mental growth
and could be detrimental to her future. The Applicant
being the father is the proper person, who can nourish the
said minor children with his love and affection; so also
shall give a good conducive atmosphere for their
mental and physical health and well-being.
8) The facts as stated hereinabove clearly goes to show that the
paramount welfare of the minor children shall definitely be
when the minor children are in the care and custody of the
Applicant. However, the mental and physical well being &
health will be severely affected if the minor children are in the
custody of the Opponent. The paramount welfare of the child
could be ensured if the said minor children are with the
Applicant. Hence the Applicant has sufficient cause of action
8
to file the present application seeking custody of the minor
children.
9) The parties to this proceedings stay in Mumbra, District Thane
and the ordinary place of residence of the said minor children is
Mumbra, Dist. Thane, which is within the territorial limits of
this Hon’ble Court and hence this Hon’ble Court has the
jurisdiction to admit and hear the present petition.
10) It is submitted that the cause of action for filing the present
application first arose in the month of__________, when the
Opponent failed to provide the access of minor daughters to the
Applicant so also threatened the applicant that she will not
allowed him to meet his minor daughters, and the same is still
continuing every day till date. Hence the present case is within
limitation.
11) The Applicant has paid necessary Court fees as per the
relevant provisions of Maharashtra Stamp Act.
12) The Applicant craves leave to rely on documents filed and
shall file further document if necessary. The Applicant craves
leave to add, amend, and alter the contents of this application
with due permission of this Hon'ble Court.
9
PRAYER
13) It is therefore, prayed that this Hon’ble Court may be
pleased to:
a) That the applicant be granted the permanent custody of
minor children’s SAUDA, (daughter, aged about 4 years), and
(2) MARZIYA, (daughter, aged about 3 years), from Opponent,
b) The interim custody and access in terms of prayer (a) be
granted to this applicant, pending decision of this petition;
c) That, the in laws be restrained from disturbing the access of
petitioner to his daughters viz; SAUDA, (daughter, aged about
4 years), and (2) MARZIYA, (daughter, aged about 3 years),
pending decision of this petition;
e) Any other relief as this Hon’ble Court may deem fit and
proper may be passed.
10
Thane, this the 1st day of January 2019
Applicant
VERIFICATION
I, Mr. MAAZ RAFIQUE SHAIKH, an adult, do hereby state and
declare that whatever stated hereinabove is true and correct to the
best of my knowledge, information and belief.
Thane, this the 1st day of January 2019
Applicant
Advocate for Applicant
IN THE COURT OF THE HON’BLE DISTRICT JUDGE,
THANE
AT THANE
11
Misc. Appln. No. of 2018
Mr. MAAZ RAFIQUE SHAIKH …….Applicant
versus
MS. SANA D/O ZAHOOR KHAN ……..Opponent
AFFIDAVIT
I Mr. MAAZ RAFIQUE SHAIKH, Aged about 27 years,
Indian, Add: Shimla Park, F-Builduing, A-wing, Flat No.202,
Kausa- Mumbra, Tal. Dist. Thane-400612, the applicant in the
present matter hereby take oath and swear on solemn affirmation
as under:
1) I say that I have filed the present application under Section 7 of
the Guardianship and Wards Act, 1890.
2) I say that I reiterate all the contentions made in the said
application.
3) I say that all the contentions made therein are true to the best of
my knowledge, understanding and belief.
Thane, this the 1st day of January 2019
Applicant
12
Advocate for Applicant
VERIFICATION
I Mr. MAAZ RAFIQUE SHAIKH, Aged about 27 years,
Indian, Add: Shimla Park, F-Builduing, A-wing, Flat No.202,
Kausa- Mumbra, Tal. Dist. Thane-400612, the applicant in the
present matter hereby take oath and swear on solemn that whatever
stated herein above is true and correct to best of my knowledge.
Thane, this the 1st day of January 2019
Applicant
Advocate for Applicant
