IN THE HONOURABLE COURT OF SENIOR CIVIL JUDGE/JUDGE

FAMILY COURT WEST ISLAMABAD

1. Mst. Syeda Izhar Fatima D/o Syed Abrar Hussain Shah R/o
House No. 775, Street No.13, Sector E-11/4, Islamabad.

2. Syed Nade Ali (Minor son) S/o Hashim Ali Naqvi living with
his mother the petitioner No.1 Mst. Syeda Izhar Fatima R/o
R/o House No. 775, Street No.13, Sector E-11/4,
Islamabad.
Versus
Hashim Ali Naqvi S/o Syed Yaqoob R/o House no 952/1
noorani street infront if noorani masjid tench bhatta
Rawalpindi.

PETITION FOR APPOINTMENT OF THE

GUARDIAN OF THE PERSON OF MINORS

The petitioner respectfully submits as under:

1. That the petitioner No.1 and respondent got married according to
Muslim rites. Out of wedlock ALLAH almighty blessed the
spouses with a son Syed Nade Ali born on 26-08-2009 birth
Certificate attached herewith (Annex-A). At present minor son is
 in custody of the petitioner No.1 the real mother whose interest
does not diverse from the interest of the minor. Whereas the
respondent is real father of the minor son the Petitioner No.2,
Certificate of minors' children attached herewith (Annex-A1).

2. That the petitioner No.1 Syeda Izhar Fatima got divorce dated 03
August 2015 effective through Divorce Registration Certificate
(Annex-B) and the respondent solemnized second marriage.
Whereas the petitioner No.1 real mother devoted her life for the
welfare of the minor and the minor is living very healthy,
prosperous and successful life. The petitioner No.2 is minor son
whose guardianship is being sought by this Hon'ble Court. The
petitioner No.2 is minor son is appearing before this Hon'ble
Court with his real mother. The Petitioner No.2 is being
presented through his real mother the Petitioner No.1 whose
interest does not diverse with the interest of the minors. The
petitioner borne all expenses on her own self for the brought up
of the minor including living, educational etc. Now the minor son
is studying in class 7th Shaheen Public Boys Middle School New
Gadwal Wah Cantt. The minor is scoring 84% of marks in the
Class. Progress report attached herewith (Annex-C).
3. That the minor is Muslim, unmarried and is residing with the
petitioner No.1 the real mother in Islamabad the capital city of
Pakistan. The petitioner No.2 being Minor filing this very petition
through his real mother whose interest does not adverse from
the interest of the minor. The petitioner being the real mother is
entitled to get prepared the passports and visas of the minor and
to get his admission in excellent schools, colleges, academies,
locally and globally and to do everything possible at her best in
the welfare of minor and to make his future more successful and
excellent and to be his natural guardian forever. The copy of first
page of minor's passport attached herewith (Annex-D).

4. That the minor is enjoying very good health and have very good
life with the petitioner No.1 the real mother who holds very sound
and respectable status in the society and the minor's welfare lies
with his mother in all respect. The petitioner No.1 have great
natural love and affection with the minor son and providing every
facility of life to the minor and the minor is very well familiar and
happy with the petitioner No.1 and the minor is residing in a very
healthy and pleasant atmosphere.

5. That the petitioner is real mother of the minor and she has
devoted her life whole heartedly for brought up of the minor and
 has not remarried. The lap of mother is cradle of paradise for the
minor. The minor is getting education in well know educational
institution as Shaheen Public Boys Middle School New Gadwal
Wah Cantt and scored 84% of marks in Class. Progress report
attached herewith (Annex-C). The welfare of minor lies with the
petitioner, the real mother and natural guardian of the minor. The
respondent has solemnized the second marriage and his second
wife the step mother of the minor.

6. That the respondent admits that the welfare of the minor lies with
the petitioner No.1. The respondent has no any objection on the
appointment of the petitioner to be guardian of the minor by this
Hon'ble Court in the well being, welfare and brighter future of the
minor. The minor is very attach and happy with his real mother
the petitioner No.1.and enjoying every blessing of prosperous life
from necessities to luxurious things of his choice.

7. That the petitioner No.1 has repeatedly requested the

respondent to be restrained from taking the custody of the
petitioner No.1 but he intentionally not appointing herself as
guardian and using delaying tactics which is against the welfare
of the minor hence this petition.
 8. That the cause of action has arisen a day ago on the flat refusal
of the respondent.

9. That the petitioner and the minor are residing and cause of
action has arisen within territorial limits of Islamabad West,
therefore this Hon'ble Court has jurisdiction to adjudicate upon
this petition.

10. That value of the petition for the purposes of jurisdiction of court
and court fee is paid according to law.

11. That an affidavit is attached herewith in support of this

application.
It is most respectfully prayed that the above
titled petition be accepted and the petitioner
No.1 be appointed as guardian of minor son the
petitioner No.2 in the best interest of justice. Any
other relief deemed fit, just, appropriate and
proper by the Hon'ble Court also be granted to
the petitioners.

Dated:20-12-2022 Petitioner:
Syeda Izhar Fatima etc.
CNIC No.37405-0941621-8
 Through:
Declaration:
It is declare that the petitioner is willing and Muhammad Jamshed Khan
ready to be appointed and act as guardian Advocate High Court Islamabad
of the person of the minor.

Petitioner No.1.
Syeda Izhar Fatima
VERIFICATION:
Verified on oath and solemn affirmation at Islamabad on 20-12-2022, that
all the contents of this petition are true and correct to the best of the
knowledge and belief of the petitioner.
IN THE HONOURABLE COURT OF SENIOR CIVIL JUDGE/JUDGE
FAMILY COURT WEST ISLAMABAD

Syeda Izhar Fatima and another Vs. Hashim Ali Naqvi.

PETITION FOR APPOINTMENT OF THE

GUARDIAN OF THE PERSON OF MINORS

SCHEDULE OF WITNESSES

1. Syeda Izhar Fatima the petitioner (the real mother of the minor).

the witness will be depose in support of the contents of the

petition and will rebut the contentions before this Hon'ble Court
alongwith the minor the petitioner No.2 supportive with all
documentary evidence as well as oral and/or written evidence
and corrective evidence and evidence thereafter till entire
satisfaction of this Hon'ble Court.
Dated:21-12-2022 Petitioner:
Syeda Izhar Fatima etc.
CNIC No.37405-0941621-8
Through:

Muhammad Jamshed Khan

Advocate High Court Islamabad
IN THE HONOURABLE COURT OF SENIOR CIVIL JUDGE/JUDGE
FAMILY COURT WEST ISLAMABAD

Syeda Izhar Fatima and another Vs. Hashim Ali Naqvi.

PETITION FOR APPOINTMENT OF THE

GUARDIAN OF THE PERSON OF MINORS

AFFIDAVIT
I, Syeda Izhar Fatima D/o Syed Abrar Hussain Shah R/o House
No.775, Street No.13, Sector E-11/4, West Islamabad, do hereby
solemnly affirm and declare on oath that all the content of
accompanying petition are true and correct to the best of my
knowledge and belief.
Deponent:
Syeda Izhar Fatima etc.
CNIC No.37405-0941621-8

It is also declared on oath that nothing material has been kept

concealed or misstated therein.

Dated:21-12-2022
Deponent:
Syeda Izhar Fatima etc.
CNIC No.37405-0941621-8
 IN THE HONOURABLE COURT OF SENIOR CIVIL JUDGE/JUDGE
FAMILY COURT WEST ISLAMABAD

Syeda Izhar Fatima and another Vs. Hashim Ali Naqvi.

PETITION FOR APPOINTMENT OF THE

GUARDIAN OF THE PERSON OF MINOR

APPLICATION FOR TEMPORARY INJUNCTION

The applicant respectfully submits as under:

1. That the applicant has filed the above titled petition in this Hon'ble
Court, all the contents of which may very graciously be read as an
integral part of this application.

2. That the applicant has good prima facie and arguable case and
there is every likelihood and bright chances of its success.

3. That balance of convenience lies in favor of the applicant.

4. That the respondent has left over the minor and abandoned
himself and the petitioner No.1 being the real mother having the
 kind custody and bearing all expenses in the welfare of the minor.
The respondent with malafide and ill intention not appointing the
petitioner as real guardian of the minor. In case the respondent
succeeds in his ill designs and the temporary injunction as prayed
for is not granted, the petitioners and especially the minor will
suffer an irreparable and substantial loss, further legal
complications will arise and object of the petition will be defeated.

5. That for the ends of justice and to prevent the abuse of process of
court it is necessary to grant temporary injunction as prayed for.
This honourable court has vast inherent powers in this respect.

6. That an affidavit is attached herewith in support of this application.

It is most respectfully prayed that

TEMPORARY INJUNCTION to the effect that
the respondent be restrained to snatch the
minor illegally and forcibly from the applicant
and to do any act detrimental to rights of
petitioner in respect of the custody of the
minors till the final disposal of the petition. Any
 other relief deemed fit, just, proper and
appropriate also be granted to the petitioner.

Dated: 21-12-2022 Applicant

Syeda Izhar Fatima etc.
CNIC No.37405-0941621-8
Through

Muhammad Jamshed Khan

Advocate High Court Islamabad
VERIFICATION:
Verified on oath and solemn affirmation
on 21- 12-2022 at Islamabad that all the
contents of this petition are true and
correct to the best of the knowledge and
belief of the petitioner.
IN THE HONOURABLE COURT OF SENIOR CIVIL JUDGE/JUDGE
FAMILY COURT WEST ISLAMABAD

Syeda Izhar Fatima and another Vs. Hashim Ali Naqvi.

PETITION FOR APPOINTMENT OF THE

GUARDIAN OF THE PERSON OF MINORS

APPLICATION FOR TEMPORARY INJUNCTION

AFFIDAVIT
I, Syeda Izhar Fatima D/o Syed Abrar Hussain Shah R/o House
No.775, Street No.13, Sector E-11/4, West Islamabad, do hereby
solemnly affirm and declare on oath that all the content of
accompanying petition are true and correct to the best of my
knowledge and belief.
Deponent:
Syeda Izhar Fatima etc.
CNIC No.37405-0941621-8

It is also declared on oath that nothing material has been kept

concealed or misstated therein.

Dated:21-12-2022
Deponent:
Syeda Izhar Fatima etc.
CNIC No.37405-0941621-8