IN THE COURT OF GUARDIAN JUDGE, LAHORE

Petition No.________________/2023

MEHWISH EIJAZ daughter of Eijaz Muhammad Sial,

resident of House No.35/1, Block-H, Model Town, Lahore.
…… Petitioner
Versus

1. ZOHAIB SHAFIQ son of Shafiq Anjum, resident of

House No.208, Street No.11, Near Masjid, Phase-VI,
Bahria Town, Islamabad.

2. SHAFIQ ANJUM son of Muhammad Aslam, resident of

House No.6, Bahria Town, Phase-IV near Tanga Chowk,
Rawalpindi.
Mobile No.0336-5281847

3. SEEMA SHAFIQ wife of Shafiq Anjum, resident of House

No.208, Street No.11, Near Masjid, Phase-VI, Bahria
Town, Islamabad.
Mobile No.0335-0501123
….. Respondents

PETITION UNDER SECTION 7 OF THE GUARDIAN AND WARDS ACT, 1890

FOR GUARDIANSHIP OF THE MINOR DAUGHTER NAMELY DUAA SHAFIQ
AGED ABOUT THREE AND HALF YEARS

Respectfully Sheweth;

1. The addresses of the involved parties, as stated in the petition's title, are
sufficient for the purpose of services of notices, etc., as required by this
hon’ble Court.

2. The brief facts of the case are that the Nikah ceremony between Petitioner
and Respondent No.1 took place on March 03, 2016, in accordance with
Shariah Law, with a deferred dower of Rs. 300,000/-. The Petitioner
departure (rukhsati) occurred in 2018.

3. That from of this lawful wedlock, a minor daughter named Duaa Shafiq
was born on February 4, 2020. She is currently about three and half years
old and currently in the custody of the Petitioner and studying in the
school. Copy of Birth certificate is attached as Annex-A.

4. The relationship between Petitioner and Respondent No. 1 was initially

good, but it began to deteriorate shortly after the rukhsati due to
Respondent No. 1's psychologically abusive behavior with the petitioner
 and her daughter. Additionally, Respondent No. 1 neglected to fulfill the
basic needs of the Petitioner and the minor.

5. On November 30, 2020, the Respondent No.1 ousted the Petitioner and
her minor daughter from house. Since then, the Petitioner and her minor
daughter have been living in the house of the Petitioner's parents.

6. The said marriage was dissolved through a court order dated September
30, 2022 and divorce effectiveness certificate was also issued by the
concerned union council. Copy of the court order dated 30.09.2022 and
divorce effectiveness certificate are attached as Annex-B & B/1.

7. The Petitioner being the real mother of the minor daughter seeks
guardianship of the minor inter alia on the following amongst other;

GROUNDS

a. The Respondent No.1, being an irresponsible individual, lacks the

ability to adequately care for and show affection to the minor. This
is due to his well-paying job in Germany, where he earns in Euros
and spends most of his time, making it impractical for him to take
care of the minor.

b. The Respondent No.1 has failed to provide any financial,

educational and medical support to the Petitioner as maintenance
allowance for the minor since her birth. All expenses have been
covered by the Petitioner's parents up until now. Furthermore, the
minor child is currently enrolled in Pre-Nursery at Beacon House
School, with a student ID No. 424513, located at Askari X Campus
in Lahore.

c. There is a serious concern that in the future, the respondent will not
ensure the minor's education, which will undoubtedly jeopardize the
future and security of the minor/ward.

d. As the real mother of the minor daughter, the Petitioner possesses

the rightful claim to permanent custody and/or guardianship of the
minor/ward.

e. The well-being and best interests of the minor are aligned with the
Petitioner, and if the permanent custody and/or guardianship of the
minor is not granted to the Petitioner, it will result in mental and
physical suffering for the minor/ward.

f. The minor child is very young and needs special care and
protection. No one else can take care of her as well as her mother
can do. There is no substitute for a mother in minor child's life.

8. The respondents are now harassing and pressuring the Petitioner, saying
that they will forcibly and illegally snatch away the minor daughter.
However, the Petitioner is the real mother of the minor daughter and has
the right to permanent custody and/or guardianship of the minor daughter
 under the law. The respondents have no right to custody of the female
minor.

9. The Petitioner and her parents approached the Respondents and asked
them not to snatch away the minor daughter because she cannot live
without her real mother. However, the Respondents refused to listen to the
Petitioner's request

10. The cause of action in favor of the Petitioner and against the Respondents
arose firstly, on November 30, 2020, when the Petitioner and the minor
were ousted from the house; Secondly, approximately a month ago, when
the Respondents attempted to snatch away the minor daughter. Lastly, a
week ago when the Respondents have consistently refused to heed the
Petitioner's request and the cause of action continues to persist.

11. The petitioner and the minor both reside in Lahore, and the cause of
action also arose in Lahore. Therefore, this Hon'ble Court has got the
jurisdiction to adjudicate on this matter.

12. The prescribed court fee of Rs. 15/- has been affixed on the petition.

PRAYER

Under the above circumstances it is, therefore, most respectfully prayed that this
petition may kindly be accepted and permanent custody and/or guardianship of
minor daughter named Duaa Shafiq aged about three and half years may kindly
be granted to the Petitioner in the interest of justice and welfare of the minor.

It is further prayed that a direction may kindly be issued to the Respondents,

instructing them to refrain from forcibly taking the minor away from the Petitioner.

Any other relief which this Hon’ble Court deems fit may also be awarded to the
Petitioner.

Petitioner
Through,

Meer & Hasan

Attorneys at Law

Verification;
Verified on oath at Lahore, this ___ day of_________, 2023 that the contents of
the above petition from paras 1 to 9 are true and correct to the best of my
knowledge and rest of the paras 10 to 12 are correct to the best of my
information and belief.

Petitioner
 IN THE COURT OF GUARDIAN JUDGE, LAHORE

Petition No.________________/2023
In Re;
Mehwish Eijaz
Vs.
Zohaib Shafiq

(PETITION UNDER SECTION 7 OF THE GUARDIAN AND WARDS ACT, 1890

FOR GUARDIANSHIP OF THE MINOR DAUGHTER NAMELY DUAA SHAFIQ
AGED ABOUT THREE AND HALF YEARS)

PETITION UNDER SECTION 12 OF GUARDIAN AND WARD ACT, 1890 READ

WITH 151 OF CPC FOR INTERIM RELIEF

Respectfully Sheweth;

1. That the Petitioner has filed the accompanying petition under section 7 of
the Guardian and Wards Act, 1890 before this Hon’ble Court, in which no
date of hearing has been fixed, yet.

2. That the contents of the accompanying petition under section 7 of the

Guardian and Wards Act, 1890, may kindly be read an integral part of this
application.

3. That to protect the interest, welfare and well-being of the minor and for her
benefits, the exigency of the case demands that interim custody may be
given to the Petitioner.

4. That the Petitioner has good prima facie and arguable case and there is
every likelihood for her success.

5. That the Petitioner has made out a good prima facie case and balance of
convenience also lies is in favour as the welfare of the minor lies with the
Petitioner.

6. That if the Respondents snatched the minor from the custody of the
Petitioner, the Petitioner as well as minor would suffer irreparable loss and
injury.

PRAYER

It is, therefore, most respectfully prayed that interim custody of the minor be
granted to the Petitioner/mother until the main petition is decided and the
Respondents may kindly be restrained from snatching the custody of minor
illegally, unlawfully and forcibly in any manner whatsoever from the Petitioner in
the interest of justice.

Petitioner
Through,

Counsel
 IN THE COURT OF GUARDIAN JUDGE, LAHORE

Petition No.________________/2023
In Re;
Mehwish Eijaz
Vs.
Zohaib Shafiq

(PETITION UNDER SECTION 7 OF THE GUARDIAN AND WARDS ACT, 1890

FOR GUARDIANSHIP OF THE MINOR DAUGHTER NAMELY DUAA SHAFIQ
AGED ABOUT THREE AND HALF YEARS)

PETITION UNDER SECTION 12 OF GUARDIAN AND WARD ACT, 1890 READ

WITH 151 OF CPC FOR INTERIM PROTECTION OF THE MINOR

AFFIDAVIT OF: MEHWISH EIJAZ daughter of Eijaz Muhammad Sial,

resident of House No.35/1, Block-H, Model Town, Lahore.

I, the above-named deponent do hereby solemnly affirm and declare as under:

That the contents of accompanying application are

true and correct to the best of my knowledge and
belief and nothing has been concealed therein.

Deponent

Verification;
Verified on Oath at Lahore this day _____ of _______, 2023, that the contents of
above affidavit are true and correct to the best of my knowledge and belief and
nothing has been concealed therein.

Deponent