PETITION UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890 FOR THE CUSTODY OF MINORS

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 8^th 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11-06-2011 in the court of Civil Judge, in which a compromise was performed between both the parties and the petitioner withdrawn the said petition on 12-08-2011.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

Affidavit in support of petition

IN THE COURT OF HON’BLE CIVIL JUDGE (SR. DIVN.) .......

Vijay Kumar VERSUS Mrs. Pooja

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