IN THE COURT OF XXXITH FAMILY JUDGE

KARACHI-EAST

G&W No.2193 of 2022

Syed Muhammad Wastain Raza Zaidi--------------------------------Applicant

Versus

Syeda Rabab Zehra-------------------------------------------------------Respondent

Syeda Sukaina Zehra Zaidi---------------------------------------------Minor/Ward

APPLICATION UNDER SECTION 151 CPC

FOR INTERIM CUSTODY OF THE MINOR
UNSCHEDULED / SUMMER VACCATION HOLIDAYS AS
PER SUPREME COURT ORDER
It is most respectfully submitted on behalf of the above-named
applicant, that this Honorable Court may kindly allow the instant application
and pass the order for Interim Custody of the minor on unscheduled /
Summer vacation holidays for four weeks as per supreme court order.

As per Honorable Court judgment Applicant personally contact to

Respondent regarding these unscheduled holidays but she didn’t respond to
Applicant any request. Applicant tried several times but she didn’t responds
to Applicant’s request.
(Photocopy evidence of Applicant’s contact

with Responded is attached herewith)

It is request to allow summer vacation holidays as per schedule of

SUPREME COURT OF PAKISTAN in 2018 S C M R 191 mention below

(iii) During summer vacations the custody of the minors shall be handed over to the
father on the 1st Sunday of the summer vacations so declared by the
School/Government and shall be returned to the mother at evening on the 4th Sunday
during the vacations so that minors may have four weeks to spent with their father

& also in 2018 M L D 1592 it is mention that first four weeks of

summer vacation holidays minor will spent holidays with her father so she
can enjoy a quality with her father, maternal uncles and cousin sisters and all
family
 (Copy of citation of 2018 C M R 191 & 2018

M L D 1592 is attached herewith)

It is also worthwhile to mentioned it here that this Honorable Court

has granted the interim custody to applicant on winter vacation holidays but it
is not mentioned in the judgment but it is advised to applicant by Honorable
Court that he can separately put application for the unscheduled / summer
vacations and this Honorable Court will grant him the summer vacation
holidays as applicant is the real father and he want to spend good and quality
time with her minor. This Honorable Court also knows the love & affection
of Minor towards her father as she always want to live with her father and
respondent always drags her away from father after each meeting Minor left
from her father with tears in her eyes and with deep sorrow.

Minor has spent many night stays with her father and to look after and
good care there is Grand mother, Bhabi of Applicants and also there are four
cousin sisters of Minor at applicant’s home. Also it is worthwhile to mention
here that when Respondents lives here and when minor’s age was only 04
Months even at that time Respondent left for job at 6:00 am and comes at
7:00 pm and at this time the Grand Mother of Minor look after her so it is no
problem for Minor as there are so many female members who can really take
care of Minor during these unscheduled / Summer vacation holidays.

It is therefore, requested may kindly grant this application by allowing the

interim custody of the minor for unscheduled / Summer vacation holidays
also as per past experience respondent and her family badly beaten the court
bailiff when he went there to took the custody so it is requested to this court
to give custody with the help of bailiff and give him police aid via S.H.O of
Saudabad police station hence this application in the larger interests of justice
however, the applicant is ready to furnish P.R Bond or submit his original
CNIC for kind satisfaction of this Honorable Court.

Prayer is made in the interest of justice.

Karachi.
Dated: ____.05.2023 In person
 IN THE COURT OF XXXI FAMILY JUDGE
KARACHI-EAST

G&W No.2193/2022

Syed Muhammad Wastain Raza Zaidi-------------------------------Applicant

Versus

Syeda Rubab Zehra------------------------------------------------------Respondent

Syeda Sukaina Zehra Zaidi-------------------------------------------Minor/Ward

AFFIDAVIT

I, Syed Muhammad Wastain Raza Zaidi S/o. Syed Khursheed Amir

Zaidi, Muslim, Adult, Resident of Karachi, do hereby state on Oath as
under:-

1. That I am the applicant in the above noted matter and deponent of this
affidavit as such fully aware to facts and contents of the same.

2. That the accompanying application for interim custody of the minor

for unscheduled / summer vacation holidays is drafted and filed by me
which contents is absolutely true and correct and same may be treated
as part and parcel of this affidavit which I not repeat here for the sake
of brevity.

3. That I say that I am ready to furnish P.R Bond so also to submit

Original CNIC for kind satisfaction of this Honorable Court.

4. That until and unless my accompanying application is allowed, I shall

seriously be prejudiced and suffer irreparable loss.

5. That whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi
Dated: -05-2023 Deponent
Commissioner For Taking Affidavits