IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Mohammad Luqman s/o Mohammad Dawood,

Adult, Muslim, b/c Palijo r/o Village Mohammad
Hassan Palijo, UC Jungshahi,
Taluka & District Thatta ……………………………………………… Applicant

VERSUS

1. Mst. Saleemat w/o Mohammad Luqman,

2. Abdul Aziz s/o Mohammad Essa,
Adults, Muslims, r/o Dhabeji Market,
Taluka Mirpur Sakro, District Thatta.
3. Mahak d/o Abdul Aziz,
4. Zarqa d/o Abdul Aziz,
5. Akmal s/o Abdul Aziz,
Muslims, minors, through their guardian
Ad-litem Mst. Saleemat Respondent No.1,
All b/c Palijo, Sr.No.1, 3 to 5 r/o Village
Mohammad Hassan Palijo,
UC Jungshahi, Taluka & District Thatta
6. Public at Large ……..……………………………….……. Respondents

APPLICATION U/S 7 R/W SECTION 10 OF THE GUARDIANS

& WARDS ACT, 1890.

The applicant named above respectfully submits as

under:-
1. That the applicant is residing at above mentioned
address and the respondent No.1 is his wife, respondent No.2 is his
son-in-law while the minor respondents No.3 to 5 are his daughter’s
children, residing with him in one and same house except the
respondent No.2 who is residing at Dhabeji. The respondent No.3
Mahak is minor, having date of birth ________, female, Muslim,
Respondent No.4 Zarqa is minor, having date of birth _________,
female, Muslim and respondent No.5 Akmal is also minor, having
date of birth _________, male, Muslim, all minors un-married, being
looked after by the applicant and respondent No.1 (copies of Birth
Certificates are submitted herewith as annexure A/1 to A/3).
2. That deceased Mst. Roshan Ara w/o Abdul Aziz,
daughter of applicant and respondent No.1, wife of respondent No.2
and mother of minors/wards/respondents No.3 to 5, died on
30.05.2013 as natural death at his house, leaving behind her the
applicant and respondents as her only legal heirs (Photocopy of
Death Certificate of deceased Mst. Roshan Ara and Heirship
Certificate are submitted as annexure B & C).
3. That said deceased Mst. Roshan Ara Palijo resided at
the above address at the time of his death under the territorial
jurisdiction of this Honourable court.
4. That said deceased Mst. Roshan Ara Palijo was
employee of Education Department District Thatta and expired
during service. After her death, her service benefits were released to
the respondent No.2/her husband i.e. gratuity Rs.5,69,000/-, six
salaries Rs.98,000/-, Difference of pension Rs.2,69,000/- total
Rs.9,33,000/-, out of which the respondent No.2 paid Rs.1,30,000/-
to bank to clear the loan against deceased Mst. Roshan Ara,
Rs.65,000/- of Dhabeji Bank and gave Rs.1,70,000/- to Mahak while
all the remaining service benefits were lavishly spent by the
respondent No.2. Now the applicant is looking after all the affairs of
children/minors/wards including their schools, education, nutrition,
etc.
5. That the applicant approached the concerned education
Department where the deceased served and requested for pension
of deceased to him so also the pension amount lying in bank in
account No.PK29NBPA0081003112498813 of NBP Makli Branch but
they refused the applicant and desired him to bring such Certificate
of Guardianship from competent court of law and also the applicant
approached the NADRA authorities for certificate of minors of wards
but they demanded the same Guardianship Certificate in this regard.
6. That the applicant is maternal uncle of minors and
looking after all the affairs of minors and maintaining them being a
head of the family and after the death of deceased Roshan Ara, her
children/wards being minors are entitled to get family pension and
since they are minors the applicant Mohammad Luqman being their
maternal grandfather is entitled to get pension on their behalf to
maintain them.
7. That the deceased Mst. Roshan Ara Palijo had expired
intestate and the due diligent search has been made for finding a
‘Will’ of the said deceased but the same has not been found.
8. That respondents No.3 to 5 are unmarried, under-age
and real son and daughters of the said deceased Mst. Roshan Ara
Palijo, therefore they are entitled to keep entry in NADRA record and
to get pension from concerned authority.
9. That the applicant is maternal grandfather of the said
minors and no any other person is fit to perform the responsibilities
of the loving minor wards, therefore he is entitled to file the present
application for appointment as guardian of the said minors and their
property i.e. family pension and pension amount lying in the bank
for their proper nutrition, care, health and welfare.
10. That the applicant and respondents No.1, 3 to 5 are
residing at UC Jungshahi, Taluka & District Thatta within the
territorial limits of Police Station Makli, and the respondent No.2 is
residing within the territorial limits of Police Station Dhabeji, hence
this Honourable court has jurisdiction to try the present matter.
11. That the applicant therefore prays as under:
PRAYER

a) That this Honourable court may be pleased to appoint the

applicant as “Guardian” of minors/respondents No.3 to 5 and
grant the Guardianship Certificate in favour of the applicant
for keeping entry in NADRA record for such minors and also to
get pension from concerned department including the pension
amount lying in account No.PK29NBPA0081003112498813 of
 NBP Makli Branch of deceased Mst. Roshan Ara for
maintaining the minors providing them all the necessities of
life.
b) Any other relief which this Honourable court deems fit and
proper, be awarded to applicant.

The application is made in the interest of justice.

Thatta
Dated: .03.2017 APPLICANT

VERIFICATION

I, Mohammad Luqman s/o Mst. Roshan Ara, adult,

Muslim, b/c Palijo r/o Village Village Mohammad Hassan Paljo, UC
Jungshahi, Taluka & District Thatta, do hereby verify to this ___ day
of March 2017 at Thatta and state on oath that whatever stated
above is true and correct to the best of my knowledge and belief.

Thatta
Dated: .03.2017 DEPONENT

Identified by me

Advocate
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Mohammad Luqman Palijo ………………….…..…………….…... Applicant

VERSUS

Mst. Saleemat & Others ……………….……………………….. Respondents

APPLICATION u/o XXXII RULE 3 CPC

It is prayed on behalf of the applicant that this

Honourable court may be pleased to appoint Mst. Saleemat w/o

Mohammad Luqman (respondent No.1), maternal grandmother of

minors/wards as their guardian ad-litem for the purpose of this

application, on consideration of the grounds set forth in the

accompanying affidavit.

The prayer is made in the interests of justice and

equity.

Thatta
Dated: .03.2017 Advocate for Applicant
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Mohammad Luqman Palijo ……………………………………….…... Applicant

VERSUS

Mst. Saleemat & Others ………………….……………………….. Respondents

AFFIDAVIT
I, Mohammad Luqman s/o Mohammad Dawood, adult,
Muslim, b/c Palijo r/o Village Mohammad Hassan Palijo, UC
Jungshahi, Taluka & District Thatta, do hereby state on oath as
under:-

1. That I am applicant in above suit and am fully

conversant with the facts of this case.
2. That the accompanying application under order XXXII
rule 3 CPC has been drafted and filed under my instructions and
contents thereof have been read over and explained to me in Sindhi
and I say that the same are true and correct.
3. That I am maternal grandfather of minors/wards and
we are all residing in one and same house except the respondent
No.2 who is residing at Dhabeji Market.
4. That the proposed guardian namely Mst. Saleemat is
maternal grandmother of minors/wards, interest of proposed
guardian ad-litem is not adverse to the interest of above said
minors/wards.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.

Thatta
Dated: .03.2017 DEPONENT

Identified by me

Advocate
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Mohammad Luqman Palijo ………..….……………………….…... Applicant

VERSUS

Mst. Saleemat & Others ……………….……………………….. Respondents

DECLARATION OF WILLINGNESS

I, Mohammad Luqman s/o Mohammad Dawood Palijo

r/o Village Mohammad Hassan Palijo, UC Jungshahi, Taluka &

District Thatta, do hereby declare that I am maternal grandfather of

minors/wards namely Mahak d/o Zulfiqar, Zarqa d/o Zulfiqar and

Akmal d/o Zulfiqar and my interests are not adverse to the interests

of above said minors and I am willing to be appointed as Guardian

for the person and property of above said minors/wards by this

Honourable court.

The prayer is made in the interest of justice and equity.

Thatta
Dated: .03.2017 APPLICANT
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Mohammad Luqman Palijo ……………………………………….…... Applicant

VERSUS

Mst. Saleemat & Others ………………….……………………….. Respondents

AFFIDAVIT
I, Mst. Saleemat w/o Mohammad Dawood Palijo r/o
Village Village Mohammad Hassan Paljo, UC Jungshahi, Taluka &
District Thatta, do hereby state on oath as under:-

1. That I am respondent No.1 and proposed guardian ad-

litem for the above said minors in this application and am fully
conversant with the facts of this case.
2. That I am maternal grandmother of minors/wards and
we are all residing in one and same house and the minors are under
the HIZANAT of applicant and he is a fit person to be appointed as
guardian of the above said minors for their person and property.
3. That the applicant is maternal grandfather of above said
minors.
4. That I have NO OBJECTION if the present application
is allowed in favour of applicant, in the interest of justice.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.

Thatta
Dated: .03.2017 DEPONENT

Identified by me

Advocate
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Mohammad Luqman Palijo ……………………………………….…... Applicant

VERSUS

Mst. Saleemat & Others ……………….……………………….. Respondents

AFFIDAVIT
I, Sultan s/o Mst. Roshan Ara Palijo r/o Village Village
Mohammad Hassan Paljo, UC Jungshahi, Taluka & District Thatta, do
hereby state on oath as under:-

1. That I am respondent No.2 in this application and am

fully conversant with the facts of this case.
2. That I am father of minors/wards who are residing in
one and same house with the applicant and respondent No.1 and
the minors are under the HIZANAT of applicant and he is a fit
person to be appointed as guardian of the above said minors for
their person and property.
3. That the applicant is maternal grandfather of above said
minors.
4. That I have NO OBJECTION if the present application
is allowed in favour of applicant, in the interest of justice.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.

Thatta
Dated: .03.2017 DEPONENT

Identified by me

Advocate