IN THE COURT OF HON’BLE ……..

COURT
PUNE AT PUNE
Case no ……./2023

Mrs. Rekha Jude pinherio ……. Petitioner

vÀs

Mr. Jude Pinherio ….... Respondent

PETITION UNDER SECTION 25 OF THE GUARDIAN AND

WARDS ACT 1890 FOR THE CUSTODY OF MINOR SON
MASTER YOHAN PINHEIRO WHO WAS BORN ON 24
/JUNE /2010 AGED ABOUT 13 YEARS –

It May Please Your Honour: -

The petitioner above named most respectfully begs to state

as follows

1. The marriage of the petitioner was solemnised with

the respondent as per Christian Rituals in bhayandar
church on 28th December 2003.
2. The petitioner married with respondent in spite of
having strong opposition of the petitioners’ parents as
the petitioner and respondent were in deep love and
had affection for each other.
3. As petitioner was in deep love with the respondent,
the petitioner had chosen to convert her religion, the
said conversion was insisted upon petitioner , the said
conversion of religion was resisted by the petitioners
parents as same should not be pre condition for any
marriage .
 4. Thereafter, the petitioner and respondent started
cohabiting at Flat -30, Runwal prestige, Nagar Road,
Yerwada, Pune-411006 as their matrimonial house.
5. During the initial years of marriage of the petitioner
and respondent they had very good time and had
cordial relations with each other. Out of the said
wedlock two children were born i.e., Master Nigel
Pinheiro on 18th Oct 2004 and Master Yohan Pinheiro
on 24th June 2010.
6. The petitioner as a wife and mother had performed all
the duties towards respondent and the family such as
taking care of the home as a mother, wife and
daughter in law.
7. The petitioner was a working woman however she
forgoes everything for her children and family. The
applicant also took care of respondent and opponents’
mother who was bedridden during her last years of
life. Petitioner had left her job after 10years of
marriage, as a manager when petitioners second son
Yohan was of one year old, as there was no one to take
care of him because petitioners’ mother-in-law was
also bed ridden at that time. After that she could not
resume the work and left her job for taking of family as
a housewife.
8. Latter on

1. That the above noted petition is pending before this Hon’ble

court and is fixed for evidence of the complainant.
2. That the petitioner was married with the respondent on 28 th
ÀDecÀ2003 and out of the said wedlock two sons namely Nigel
Jude Pinheiro and Yohan Jude Pinheiro ,Age13 years were
born.

Petitioner states that currently both of her children reside with

respondent at his place.
3. That in 2020 petitioner has made application for temporary
custody and Hon’ble court has ordered only visitation rights on
second and fourth Saturday, which was only for the Christmas
vacations of that year.
4. After that due to pandemic it was not possible for petitioner to
attend court to take proper steps but after that everything
started smoothly and matter kept for mediation proceeding but
nothing happened in mediation proceeding, mediation report
also submitted in the Hon’ble court and matter kept for the
next stage.
5. Whole period of pandemic and mediation proceeding
petitioner not visited her children and could not speak on the
phone due to restrictions of the respondent, petitioner’s
younger child Yohan Pinheiro is minor he is not able to
understand what is good for him and what is right or wrong
and in such condition of Yohan respondent is trying to
manipulate his mind against petitioner.
6. Result of all of these things is that respondent is successful in
creating feeling of hatred in the mind of petitioner’s children
and especially her younger child, he deprived of mother’s
love, presence and compony at his tender age because
respondent s weird behavior forced petitioner to leave her
matrimonial house .
7. We don’t know how long it will take to decide the complete
case and what will be the final decision, petitioner as a natural
mother of the Child has right of custody of her younger child,
8. If custody of child is not handed over to the mother it will be
also emotional harassment of petitioner, it is petitioners right
 to take custody of the child as a natural mother till final
decision of the present case
9. Depending upon child’s age and requirements it is necessary
to handover temporary custody of the minor child Yohan to
the petitioner.
10.The petitioner is filing the present application without
prejudice to her main application and prayers which she has
filed already.
11.The petitioner submitting that, if the said application allowed
it will not cause any prejudice to the respondent.
It is therefore most respectfully and humbly prayed that –
a) Application may kindly be allowed
b) The petitioner may kindly be allowed to get temporary
custody of Master Yohan Jude Pinherio, Age 13 years.
c) Any other order in the interest of justice may kindly be
passed.
Pune,
Date : / / Advocate for the
petitioner