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3641e0d0bcd54fadb1abc400b42236f7
IN THE COURT OF XIII FAMILY & GUARDIAN JUDGE, KARACHI
CENTRAL
BEFORE: SHAFIA MEMON
G&W APPLICATION NO.295 OF 2024
Mst. Kiran Shahid D/o Shahid Mehmood,
Muslim, Adult, R/o House no.R-115/9,
Dastagir, F.B.Area, Karachi------------------ Applicant
Muhammad Abu Bakar S/o
Adnan Shahzad--------------------------------- Minor/Ward
Versus
1.Adnan Shahzad S/o Muhammad Hussain,
Muslim, Adult, R/o House no. R-1136,
Sector 16-A, Bufferzone, Karachi.
2.Public at large---------------------------- Respondents
Ms. Asifa Khowaja and Mr. Mirza Muhammad Owais Baig, learned advocates
for applicant.
None from the respondent side.
E X - P A R T E E O R D E R
14.05.2024
The applicant in the captioned application is seeking her appointment and declaration as guardian of her real child
namely Muhammad Abu Bakar.
The applicant who is real mother of the ward/minor and she submits
through her counsel that she was married with respondent on
05.03.2021. From said wedlock one issue was born. That respondent
never maintained the applicant and minor. That applicant is bearing
all expenses of minor. That the applicant and respondent are residing
separately and both parties have no communication between them.
Respondent verbally divorced the applicant. Since then applicant is
looking after all the academic issues of minor therefore guardianship
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certificate is required to obtain B-form from NADRA, educational
documents, passport etc. Hence she prayed as under:-
a.To declare and appoint the applicant being the real mother of the
minor as their sole guardian for the purpose to manage and look after
the basic necessities with respect to their education, health and
welfare etc.
b.To allow the applicant for retaining the custody of the above said
minor with her without any hindrance and interference in future till
her legal entitlement.
c.Declare the applicant is the lawful guardian of the minor and in
this regard issue a guardianship certificate in favor of applicant for
proper custody, look after, better future, maintenance, education,
welfare, travel and necessary documentation of the minor with the
direction that the applicant can apply and obtain B-from/CNIC and
passport/VISa of minor from the concerned department.
d.Any other relief which this Honorable court may deems fit and proper
in the circumstances of the case.
After admission of the above application, counsel for respondent in
other case bearing no.1822/2022 appeared and reader of the court
informed learned counsel for respondent about the instant case and
matter was fixed for filling objections from the respondents side. On
03.04.2024 matter was fixed for filing objections but respondent
neither appeared nor filed any objection. Resultantly, the respondent
was debarred from filling objections and matter was proceeded ex-parte
against the respondent. The applicant filed affidavit in ex-parte
proof and appeared in the witness box and got herself examined on
oath. Her examination appears on the record marked as Exhibit-A,
wherein, she verified the contents of her application. Applicant has
also filed her declaration of willingness to act as guardian in
presence of two attesting witnesses. Those witnesses also got
themselves examined under oath, whose examination appears on the
record as Exhibit-AW/1 and Exhibit-AW/2. They verified the contents of
the application that applicant has no adverse interest to that of the
minor/ward.
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I have heard the learned counsel for the applicant and perused the
material available on record so also gone through the relevant law.
Since there is nothing against the version of the applicant and the
contents of the guardian and ward application have gone un-rebutted
and un-challenged. Therefore, there appears to be no impediment in
declaring and appointing the applicant as guardian of the ward and
from circumstances it would not be detrimental to his welfare. In view
of the circumstances narrated by the applicant, this Court is of
opinion that it would be in better interest, welfare and wellbeing of
the wards that his real mother be appointed and declared as guardian
of his person.
Therefore, in view of the above circumstances, the guardian and ward
application stands allowed. The applicant namely Mst. Kiran Shahid D/o
Shahid Mehmood, is declared and appointed as guardian of person of the
ward namely Muhammad Abu Bakar S/o Adnan Shahzad. Applicant is
directed to submit P.R.Bond of Rs.10,000,00/- with directions to
applicant to produce minor before this court whenever his appearance
is required or otherwise. Office is directed to issue guardianship
certificate in favor of applicant after completion of legal
formalities.
Instant application stands disposed of on above terms.
Announced in open Court.
Given under my hand and seal of this Court on this 14th day of May,
2024.
(SHAFIA MEMON)
XIII Family & Guardian Judge,
Karachi Central
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