Here is the actual format of a petition UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890 FOR THE CUSTODY OF MINOR children to a father.
IN THE COURT OF HON’BLE CIVIL JUDGE (SR. DIVN.)………..
Vijay Kumar son of Shri Narayan Singh, R/o ..
……..Petitioner
VERSUS
Mrs. Pooja, wife of Shri Vijay Kumar, D/o Shri Karan Singh.
…Respondent
PETITION UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890 FOR THE CUSTODY OF MINOR DEEPAK AGED ABOUT 12 YEARS AND DAUGHTER NAMELY HIMANSHI AGED ABOUT 7 YEARS TO THE PETITIONER –FATHER
MOST RESPECTFULLY SHOWETH :
1-
That the marriage of the
petitioner was performed/ solemnized with the respondent on 8th
August, 2002 at …… according to Hindu rites and ceremony in presence of
friends relative and members of society. The said marriage was quite simple and
dowry less marriage and was solemnized in a very simple manner.
2-
That just after the marriage
the respondent started inflicting cruelties mentally and physically upon the
petitioner and she started abusing,
misbehaving, insulting maltreating
to the petitioner. The petitioner tried to mend the ways of the
respondent but the behavior and attitude of the respondent remained indifferent
and adamant towards the petitioner.
3-
That many a times the
respondent left the matrimonial home without the consent and intimation to the
petitioner. The petitioner made many efforts to bring her back and the
respondent but the respondent flatly refused to join the company of the
petitioner. So the petitioner also filed a petition under section 9 of the
Hindu marriage on 11-06-2011 in the court of Civil Judge, in which a compromise
was performed between both the parties and the petitioner withdrawn the said
petition on 12-08-2011.
4-
That the respondent left her
matrimonial home in the month of December, 2011 after quarrelling with the
petitioner. The petitioner again filed petition under section 9 of the Hindu
marriage on 24-02-2012 in the court against the respondent which is now pending.
It clearly shows the petitioner was ready and he is still ready to keep and
maintain the respondent.
5-
That from the said legal
wedlock of the petitioner and respondent children namely master Deepak aged
about 12 years and one female child namely Baby Himanshi aged about 7 Years
born and at present both of them are in the custody of the respondent.
6-
That the respondent made a
false complaint before D.C.P, …… to harass and humiliate the petitioner on
16-12-2011 and thereafter the FIR No. 680 dated 22-02-2013 Under section
498A/406/506/34 IPC was registered against the petitioner and his family members.
The criminal case titled as “State Vs. Vijay Kumar” is pending before the court.
7-
That the petitioner is
employed as a JBT Teacher and the petitioner is interested to keep the minor
children.
8-
That the petitioner hereby
apply for the custody of his minor children
being the father, next friend and natural guardian on the following
grounds: -
(i) That the environment of the
house of the respondent is very bad in nature where minor is residing. The respondent and her parents use very ugly
filthy, language with each other.
(ii) That the respondent mostly remains
out of her house due to which the future of the minors is being effected
badly.
(iii) That the behaviour of the
respondent and her family members are very rude, arrogant towards the minor
children.
(iv)
That the respondent is not
taking care for the proper upbringing of the minor children namely Deepak and
Himanshi. The respondent is unable to provide the good educational facilities
and social culture to the said minors.
(v)
That if the minor children
will be allowed to live further with the respondent then their future would be
ruined and he will become criminal in future.
(vi) That the petitioner is
educated person and he is presently posted as JBT Teacher and he can give the
proper education to the minor children. The petitioner is having the line of
teaching to the minor children and the petitioner will provide proper
education, cultural education, moral education, social education, and general
knowledge. The petitioner also provide the faculties of picnic tours in the
yearly and half yearly holidays and will
develop the children mentally and physically strong.
(vii) That the petitioner is keenly
interested to support, welfare, provide good health, extreme good education and
proper upbringing of minor children namely Deepak and Himanshi.
(viii) That
the petitioner is able to look after the minor in better way with full love and
affection. The petitioner is only
persons being the father of the minor who can make the bright future of minor
children namely Deepak and Himanshi.
(ix) That after completing his duty
the petitioner will give sufficient time to minor children namely Deepak and
Himanshi for their development and growth.
Besides this the parents of the petitioner will also take proper care of
minor children namely Deepak and Himanshi in the absence of the petitioner
(x)
The petitioner is fully able
to give a good atmosphere to the minor children. The petitioner is also able to
give best educational opportunities to minor children namely Deepak and
Himanshi.
(xi)
That the respondent is not
proper person to retain the custody of minor children namely Deepak and
Himanshi.
(xii)
That now the age of minor
children namely Deepak and Himanshi is more than 12 years and 7 years and as
per the law the father –petitioner is entitled to take custody of minor
children namely Deepak and Himanshi
9- That the respondent has neither been appointed nor has been
declared as the lawful guardian of minor children namely Deepak and Himanshi by
any court of law so far. The respondent has also not been lawfully entrusted
the custody of minor children namely Deepak and Himanshi by any order of the
court.
10- That the petitioner requested
her respondent number of times to handover the custody of minor children namely
Deepak and Himanshi to him but every time the respondent avoided to the
legitimate requests of the petitioner on one pretext or the other and finally
on 20-05-2014 the respondent flatly refused to handover the custody of the
minor daughter and son. Hence this petition.
11- That the cause of action to
file the present petition arose on each and every dates when the petitioner
requested the respondent to handover the custody of minor children namely
Deepak and Himanshi. The cause of action finally arose on 20-05-2014 when the respondent
finally refused to handover the custody
of minor children namely Deepak and Himanshi to the petitioners.
12-
That both the parties are
Hindus by religion.
13- That no other petition on the
same subject matter has previously been filed, pending or has been decided by
any court of competed jurisdiction.
14- That the petitioner and the
respondent lastly resided at ……, the children were also born at ……, the
respondent left the house of petitioner along with the minor children from …..
and the entire cause of action for filing the present petition arose within the
territorial jurisdiction of this Hon’ble court hence this Hon’ble court has got
the jurisdiction to entertain, try and decide the present petition.
15- That a fixed court fee has
been paid on the present petition.
PRAYER
It is, therefore, prayed that the
petition of the petitioner may kindly be accepted and the respondent may kindly
be directed to handover the custody of minor children namely Deepak aged about
12 years and Himanshi minor aged about 7 years to the petitioner-father
permanently, a decree to this effect may kindly be passed in favour of the
petitioner and against the respondent alongwith the cost of the present
petition.
Or any other relief which this Hon’ble court deems fit and proper be also granted in favour of the petitioner and against the respondent.
PETITIONER
THROUGH COUNSEL
VERIFICATION:Verified that the contents of Paras No.1 to 10 of the petition are true and correct to the best of my knowledge and paras No. 11 to 13 of the petition are true to best of my belief. Last Para is the prayer. Verified at
PETITIONER
IN THE COURT OF
HON’BLE CIVIL JUDGE (SR. DIVN.) .......
PETITION UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890 FOR THE CUSTODY OF MINOR DEEPAK AGED ABOUT 12 YEARS AND DAUGHTER NAMELY HIMANSHI AGED ABOUT 7 YEARS TO THE PETITIONER –FATHER
AFFIDAVIT
I, Vijay Kumar …………………………. do
hereby solemnly affirm and declare as under:-
1-
That the deponent is the
father of minor children namely Deepak aged about 12 years and Himanshi minor
aged about 7 years
2- That the deponent this day has
filed above noted petition under section 25 of the Guardians & Wards Act,
1890, the content of which may be read as part and parcel of this affidavit for
the sake of brevity and avoidance of repetition.
3- That the contents of above petition have been read over to me by my counsel in Hindi which are true to best of my knowledge and belief.
Deponent
VERIFICATION Verified that
the contents of my affidavit are true and correct to best of my knowledge and
belief and nothing has been concealed therein. Verified at
Deponent
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