the IN THE COURT OF PRINCIPAL JUDGE, FAMILY

COURT, JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR …PETITIONER

VERSUS

SH. DEEPAK SARASWAT ...RESPONDENT

INDEX

-----------------------------------------------------------------------------
S. No. PARTICULARS PAGE C. FEE
-----------------------------------------------------------------------------
1. MEMO OF PARTIES

2. PETITION UNDER SECTION 7

AND 25 OF THE GUARDIANSHIP
AND WARD ACT ALONGWITH
AFFIDAVIT

3. APPLICATION U/S 12 OF
GUARDIANSHIP AND WARD ACT
ALONGWITH AFFIDAVIT.

4. Application u/s 10 of Guardian

and Ward Act alongwith affidavit
u/s 10 (3) of Guardian and Ward Act

5. List of documents alongwith

documents

6. Vakalatnama

JAIPUR PETITIONER

DATED THROUGH

COUNSEL
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR … PETITIONER

VERSUS

SH. DEEPAK SARASWAT ... RESPONDENT

MEMO OF PARTIES

SMT. KAMALDEEP KAUR

D/O SARDAR MOHAN SINGH
R/O WZ-106/107, UPPER GROUND FLOOR,
RAJOURI GARDEN EXTENSION,
P-BLOCK, DELHI ...PETITIONER

VERSUS

SH. DEEPAK SARASWAT

S/O LATE ANAND PRAKASH
C/O AMIT OJHA
133, A.K. GOPALAN NAGAR,
KHATIPURA, JHOTWARA,
JAIPUR-302012 ..RESPONDENT

JAIPUR PETITIONER

DATED THROUGH

COUNSEL
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR

D/O SARDAR MOHAN SINGH
R/O WZ-106/107, UPPER GROUND FLOOR,
RAJOURI GARDEN EXTENSION,
P-BLOCK, DELHI ...PETITIONER

VERSUS

SH. DEEPAK SARASWAT

S/O LATE ANAND PRAKASH
C/O AMIT OJHA
133, A.K. GOPALAN NAGAR,
KHATIPURA, JHOTWARA,
JAIPUR-302012 ..RESPONDENT

PETITION UNDER SECTION 7, 9 AND 25 OF THE

GUARDIANSHIP AND WARD ACT FOR THE
CUSTODY OF THE MINOR CHILDREN NAMELY
ARJUN SARASWAT, AGED ABOUT 11 YEARS AND
MISHIKA SARASWAT, AGED ABOUT 6 YEARS

MOST RESPECTFULLY SHOWETH:

1 That the petitioner and respondent were married

according to Hindu rights and ceremonies on 2.2.2006 at

Neptune Banquet, Shivaji Park, Rajouri Garden, New

Delhi

2 That the marriage was duly consummated and out of this

wedlock two children namely Arjun Saraswat was born

on 24.7.2007 and Mishika Saraswat was born on

 3.11.2012. Both the children are in care and custody of

the Respondent.

3 That the petitioner had always discharged her marital

obligations and responsibility towards her husband,

sincerely, diligently and honestly like a devoted Hindu

woman and the petitioner had always give the due

respect, regard to the respondent and always abide by

the advice of the respondent.

4 That the petitioner had never caused any kind of

humiliation, insult to the respondent and his family

members and never used any kind of abusive and filthy

language against the respondent at any point of time

and the petitioner had always given the due cooperation

and coordination to the respondent for establishing the

happy and prosperous matrimonial life.

5 That the respondent and his family members well before

the marriage had informed to the petitioner and her

parents that they are living in the joint family under the

same roof and they will give the proper love, respect and

regard to the petitioner and will treat the petitioner as

a member of their family.

6 That the parents and relatives of the petitioner had

never caused any interference and obstructions in the

 matrimonial life of the petitioner and the respondent at

any point of time and always given the due respect and

regard to the respondent.

7 That after few days of marriage, the respondent and his

family members started harassing the Petitioner and her

parents on the pretext that in the marriage very meager

amount of cash and only few tolas of gold was given try

their and the furniture which was given by the parents of

the Petitioner was of inferior quality and they expected

more money from them and asked the Petitioner to bring

Rs.5 lacs. As only few days had passed and therefore

parents of the Petitioner did everything beyond their

capacity and capability just to make the in-laws of the

Petitioner and the Respondent happy and so they

somehow arranged for the money and gave them a sum

of Rs.5 lacs in cash.

8 That to make the matrimonial life of the Petitioner happy

even the parents of the Petitioner had contributed and

fulfilled her in-laws demands but her in-laws were never

satisfied and they kept on demanding one thing or the

other and so, being newly married all her hopes of a

happy married life were destroyed and instead of

providing a healthy and peaceful environment to the

 Petitioner, they made the Petitioner face a lot of

tortures, beatings and humiliation but the Petitioner

kept mum to everything just for the sake of her

matrimonial life and with the hope that good sense will

prevail upon the respondent and his family members.

9 That the Petitioner never wanted to make the prevailing

situation more complicated and so the Petitioner tried to

discuss the same with the respondent a number of times

but he used to scold the Petitioner and used to treat her

like a maid and never listened to her but in turn the

Respondent always supported his mother and other

family members and the Petitioner was compelled to do

whatever the respondent used to say.

10 That whenever the Petitioner used to tell the same to

the respondent, he always used to take the side of his

family members and even used to beat the Petitioner on

one pretext or the other. That when the Petitioner was

pregnant, she was made to do all the house-hold work

and till the last week of her pregnancy, the Petitioner

was made to cook food for everybody and wash clothes.

The brother-in-law of the Petitioner used to ill-treat and

even used to abuse the Petitioner and respondent never

used to say anything.

11 That on 24.7.2007 the Petitioner was blessed with a

Arjun Saraswat and her parents performed all the

customs and they spent a huge amount and gave a lot of

gift items to Petitioner’s in-laws with a view to make

them happy and to satisfy them but all went in vain and

their behaviour became more cruel and violent towards

the Petitioner and her life was made hell and now it

became a daily routine for the respondent and his family

members to fight with the Petitioner without any reason.

12 That then again on 3.11.2012 a daughter namely Mishika

Saraswat was born to the Petitioner and after this

Petitioner was subjected to utmost cruelties then what

the Petitioner used to face earlier at the hands of

respondent and his family members and their tortures

enhanced to the maximum.

13 That the Respondent has taken/run away with both the

children at Jaipur as both the sisters of the Respondent

are residing at Jaipur, so the Respondent has kept one

child with each sister.

14 That the Respondent is not earning and work to do in

Jaipur as the Respondent was born and brought up in

Delhi only and has just left Delhi 5-6 months back.
15 That the continuous act of atrocities and cruelties

committed by the respondent has caused adverse effect

upon the physical and mental health of the minor

children.

16 That the petitioner has always acted in the paramount

welfare and interest of the minor children since their

birth till date and the petitioner has always given the

proper love, respect, regard, care and attention to the

minor children like devoted Hindu mother. The petitioner

has always discharged her social, moral and legal

obligations like a devoted Hindu mother towards the

minor children. The petitioner has always satisfied the

basic necessary of the life of the minor children like

food, cloth and shelter and other needs.

17 That the physical, moral, social, ethical and psychological

development of the minor children will take place in the

company of the petitioner and the petitioner is

rendering the best education services to the minor

children.

18 That the family of the respondent is not a family of high

status, good etiquettes, culture etc. and many a times

filthy and abusive languages are being used in the family

of the respondent in front of the minor children, therefore

 this is greatly affecting the mental faculty as well as the

mental attitude of the minor children who is now growing

and is grasping such bad habits in them as the same is

being used commonly in the family of the respondent.

19 That the petitioner spends most of the time in the house

as she is not well at present and the petitioner also loves

her children and she will provide the best atmosphere for

the growth of her minor children. Therefore, the

petitioner is there to take care for the well being of the

children and to maintain the children. The petitioner is

ready and willing to maintain the minor children and

bestow all their love and affection on the said children as

she is the natural guardian/mother.

20 That the settled legal preposition about determining

welfare of the child, ostensibly require answer to the

following questions:-

(1) Who should have the better care and better consideration

for the welfare of the child?

(2) Where is he likely to be more happy?

(3) By whom the physical and mental development and

comfort of the child can be better looked after.

(4) Who has not only the desire but a determination not only

in concept but also capacity to provide for a better

education and around the clock nursing of the child.

(5) Who would be available by the side of the child when the

child would need love and affection, care and counseling,

the protection and pattering up.

The answers to the above questions probably are that

it is the petitioner and petitioner alone who can in view of

legal settled preposition can have the entitlement for the

custody of the child.

21 That the respondent is concealing the minor children

and even objecting to the meeting of the minor children

with the petitioner and therefore as a result of which the

petitioner is deeply depressed, tensed and worried for the

welfare of the minor children as well as their future, and

is very anxious to have reasonable meetings with the

children in the shape of daily, weekly or monthly as

directed by this Hon’ble Court so that ill habits of the

minor children may be vanished and the minor children

should have a feeling of affection towards the petitioner

which will definitely improve their mental attitude,

activities etc., but the respondent is strongly objecting to

all this. Hence the present petition.

22 That the Hon’ble Court has jurisdiction to entertain the

present petition since the children are residing with the

respondent within the jurisdictional territory of this

Hon’ble court.

Prayer

In view of the submissions made above, it is

therefore, most respectfully prayed that this Hon'ble Court may

kindly be pleased to-

a. Grant permanent custody of the MINOR CHILDREN

NAMELY ARJUN SARASWAT, AGED ABOUT 11 YEARS

AND MISHIKA SARASWAT, AGED ABOUT 6 YEARS

b. declare the Petitioner as the guardian of the said minor

children as she is willing and ready to maintain the

children;

c. Restrain the Respondent from creating any hindrance,

obstruction, interference in any manner during meeting of

the minor children with the Petitioner;

d. Restrain the Respondent from bringing any of her

relatives during the meeting hours of the minor children

with the Petitioner;

e. Any other order/relief/direction may also kindly be passed

in favour of the Petitioner and against the Respondent as

this Hon’ble Court may deem fit, just and proper

according to the facts and circumstances of the present

case.

JAIPUR PETITIONER

DATED THROUGH

COUNSEL

VERIFICATION:
Verified at Jaipur on this ___ day of October, 2018 that
the contents of the above petition, from paras No. 1 to 21 are
true and correct to my knowledge and last para is the prayer
clause, and nothing material has been concealed there from.

Petitioner
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR …PETITIONER

VERSUS

SH. DEEPAK SARASWAT ...RESPONDENT

AFFIDAVIT

I, KAMALDEEP KAUR D/O SARDAR MOHAN SINGH, aged

about ____ years R/O WZ-106/107, UPPER GROUND FLOOR,
RAJOURI GARDEN EXTENSION, P-BLOCK, DELHI, do hereby
solemnly affirm and declare as under:
1. That the Deponent is the Petitioner in the above named
petition and is fully conversant with the facts and
circumstances of the case.
2. That the accompanying petition has been drafted by my
counsel under my instructions, I have gone through
contents of the same and the same are explained in
vernacular and are true and correct to the best of my
knowledge and belief. The same may be read as part
and parcel of this affidavit.

DEPONENT

VERIFICATION:-
Verified at Jaipur on this ___day of October, 2018, that
the contents of above affidavit are true and correct to my
knowledge and nothing material has been concealed therefrom.

DEPONENT
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY
COURT, JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR …PETITIONER

VERSUS

SH. DEEPAK SARASWAT ...RESPONDENT

APPLICATION U/S 12 OF GUARDIANSHIP AND

WARDS ACT FOR THE INTERIM CUSTODY OF THE
MINOR CHILDREN NAMELY ARJUN SARASWAT,
AGED ABOUT 11 YEARS AND MISHIKA SARASWAT,
AGED ABOUT 6 YEARS

MOST RESPECTFULLY SHOWETH:-

1. That the Petitioner has filed a petition under section 7

and 25 of Guardian and Wards Act for the custody of

MINOR CHILDREN NAMELY ARJUN SARASWAT, AGED

ABOUT 11 YEARS AND MISHIKA SARASWAT, AGED

ABOUT 6 YEARS which is pending before this Hon'ble

Court for disposal. The contents of the same may be read

as part of this application, the same are not being

repeated herewith for the sake of brevity.

2. That the Petitioner has a good prima-facie case in his

favor and against the Respondent and there is every

likelihood of his getting favorable orders, as sought by

him from this Hon'ble Court.

3. That the Petitioner submits that she also seeks the

visitation and custody of the minor children on the

occasions of festivals, vacations, and on birthdays and on

the marriage occasions of the relatives of the family of

the Petitioner.

4. That the minor children has been neglected by the

Respondent and the welfare of the children is safe in the

custody of the Petitioner only. The Petitioner being the

natural mother and guardian of the minor children is

concerned with the welfare of the child, his mental &

physical health as well and security.

It is, therefore, most respectfully prayed that this Hon'ble

Court may kindly be pleased to:-

a. Direct the Respondent to produce the children in the

court and allow the Petitioner to meet the children in

solitude;

b. Grant the interim custody of the minor child MINOR

CHILDREN NAMELY ARJUN SARASWAT, AGED ABOUT 11

YEARS AND MISHIKA SARASWAT, AGED ABOUT 6 YEARS

to the Petitioner till the disposal of the main petition;

c. Restrain the Respondent from creating any hindrance,

obstruction, interference in any manner in meeting of the

 minor children with the Petitioner, till the disposal of the

main petition;

d. Restrain the Respondent from making any Videography or

Audiography through mobile or other modes for creating

the evidence in any form so that the minor children may

meet the Petitioner in a free and fearless environment so

that the minor children may have the company of the

Petitioner in a smooth and healthy environment till the

disposal of the main petition.

e. Restrain the Respondent from bringing any of her

relatives during the meeting hours of the minor children

with the Petitioner, till the disposal of the main petition.

f. Direct the Respondent to bring the minor children for

meeting the Petitioner every week and further grant the

custody of the minor children on the occasion of

festivals, vacations, and on birthdays and on the marriage

occasions of the relatives of the family of the Petitioner till

the final disposal of the present petition.

g. Pass any other or further orders/directions as this Hon'ble

Court may deem fit and proper under the facts and

circumstances of the present case in favor of the

Petitioner and against the Respondent.

JAIPUR PETITIONER

DATED THROUGH

COUNSEL
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR …PETITIONER

VERSUS

SH. DEEPAK SARASWAT ...RESPONDENT

AFFIDAVIT

I, KAMALDEEP KAUR D/O SARDAR MOHAN SINGH, aged

about ____ years R/O WZ-106/107, UPPER GROUND FLOOR,
RAJOURI GARDEN EXTENSION, P-BLOCK, DELHI, do hereby
solemnly affirm and declare as under:
1. That the Deponent is the Petitioner in the above named
petition and is fully conversant with the facts and
circumstances of the case.
2. That the accompanying application u/s 12 of
Guardianship and Wards Act has been drafted by my
counsel under my instructions, I have gone through
contents of the same and the same are explained in
vernacular and are true and correct to the best of my
knowledge and belief. The same may be read as part
and parcel of this affidavit.

DEPONENT
VERIFICATION:-
Verified at Jaipur on this ___day of October, 2018
that the contents of above affidavit are true and correct to my
knowledge and nothing material has been concealed therefrom.

DEPONENT
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR …PETITIONER

VERSUS

SH. DEEPAK SARASWAT ...RESPONDENT

FORM OF THE APPLICATION UNDER SECTION 10

a. Name MINOR
CHILDREN
NAMELY
VEDANT, AGED
ABOUT 8 YEARS
AND KANAK
AGED ABOUT 5
YEARS.

i. Sex Male and Female

ii. Religion Hindu

Iii Date of Birth 24.7.2007 and

3.11.2012

Iv Ordinary residence of the minor 133, A.K. GOPALAN

NAGAR,
KHATIPURA,
JHOTWARA,
JAIPUR-302012

B Where the minor is a female, N.A.

whether she is married, and if so,
the name and age of her husband;

c. The nature, situation and N.A.

approximate value of the property,
if any, of the minor;
d. The name and residence of the SMT. KAMALDEEP
person having the custody or KAUR
possession of the person or D/O SARDAR
property of the minor. MOHAN SINGH
R/O WZ-106/107,
UPPER GROUND
FLOOR,
RAJOURI GARDEN
EXTENSION,
P-BLOCK, DELHI
e. What near relations the minor has, Grand father-in-law
and where they reside; and mother-in-law

f. Whether a guardian of the person N.A.

or property or both, of the minor
has been appointed by any person
entitled or claiming to be entitled
by the law to which the minor is
subject to make such an
appointment

g. Whether an application has at any N.A.

time been made to the court or to
any other court with respect to the
guardianship of the person or
property or both, of the minor,
and if so, when, to what court and
with what result;

h. Whether the application is for the The present

appointment or declaration of a application is for
guardian of the person of the the appointment
minor, or of his property, or of and declaration of
both; the guardian of the
person of the
minor.

i. Where the application is to

appoint a guardian, the
qualifications of the proposed
guardian;
j. Where the application is to declare As stated in the
a person to be a guardian, the main petition
grounds on which that person
 claims;
k. The causes which have led to the As mentioned in the
making of the application; and main petition.
l. Such other particulars, if any, as Full particulars has
may be prescribed or as the been mentioned in
nature of the application renders it the main petition
necessary to state.

Petitioner
VERIFICATION:
Verified at Jaipur on this ____ day of October, 2018 that
the contents of the abovesaid column are true and correct to
the best of my knowledge and believe.

Petitioner
The aforesaid declaration is executed in the presence of the
following witnesses:-

1.

2.
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
JAIPUR, RAJASTHAN

PETITION No. ______ OF 2018

IN THE MATTER OF:

SMT. KAMALDEEP KAUR …PETITIONER

VERSUS

SH. DEEPAK SARASWAT ...RESPONDENT

AFFIDAVIT-CUM-DECLARATION IN COMPLIANCE
OF SECTION 10 (3) OF GUARDIAN AND WARD ACT

I, KAMALDEEP KAUR D/O SARDAR MOHAN SINGH, aged

about ____ years R/O WZ-106/107, UPPER GROUND FLOOR,

RAJOURI GARDEN EXTENSION, P-BLOCK, DELHI, do hereby

solemnly affirm and declare as under:

1. That I am the petitioner in the abovesaid case and am well

conversant with the facts and circumstances of the case

and also competent to file the present affidavit.

2. That the Petitioner is mother of minor children MINOR

CHILDREN NAMELY ARJUN SARASWAT, AGED ABOUT 11

YEARS AND MISHIKA SARASWAT, AGED ABOUT 6 YEARS

and the Petitioner will give the proper love, respect,

regard, care and maintenance to the minor children

within his financial capability and capacity.

3. That the Petitioner is ready and willing to seek the

declaration of the Guardian of the minor children NAMELY

ARJUN SARASWAT, AGED ABOUT 11 YEARS AND MISHIKA

SARASWAT, AGED ABOUT 6 YEARS.

4. That the Petitioner is filing the present

affidavit/declaration in the sound state of mind and

voluntarily, out of free will and consent.

5. That the Petitioner shall always act in the paramount

welfare and interest of the minor children.

IN WITNESS WHEREOF, the executant is executing the

present declaration on this ___ day of October, 2018 in the

presence of the following witnesses:-

WITNESSES:

Executant
1.

2.