11/04/2023
Applicant/Respondent
عید الفطر کے موقع پر نابالغان سے اپنے گھر پر ملاقات کرنے کے خواہشمند افراد، اس درخواست میں اپنے کیس کے حالات وواقعات کے مطابق ایڈیٹنگ کر کے اپنی متعلقہ فیملی /گارڈین عدالت میں اپنی پہلی فرصت میں دائر کریں
Format/Specimen/Draft Application for interim custody of minor child on account of Eid Holidays
Courtesy: *Advocate* A.B.C.
IN THE COURT OF MR. __________________, LEARNED FAMILY / GUARDIAN JUDGE, ________________
In re: ABC Vs DEF
(GUARDIAN PETITION No. ______)
*APPLICATION FOR THE GRANT OF INTERIM CUSTODY / VISITATION OF MINOR__________ DURING PUBLIC HOLIDAYS OF EID UL FITR WHICH IS EXPECTED TO BE OBSERVED ON SATURDAY 22 APRIL 2023, FOR TWO DAYS AND FOR AN OVERNIGHT STAY WITH THE APPLICANT*.
Respectfully Sheweth;
1. That the above titled petition, is pending adjudication before this Hon’ble Court and during the said proceedings, Eid UL FITR, which is expected be observed in Pakistan on SATURDAY 22 APRIL, 2023 it is pertinent to be noted here that there will be more than three public holidays for the occasion, starting from 20TH APRIL Being Friday , a Public Holiday, respectively.
2. That the petitioner is a natural guardian being the real father of the minor daughter namely ABC and according to law, the visitation rights vest with the Applicant/Respondent.
3. That in the light of Islamic teachings, the responsibility of educating the minor of the Islamic rituals and practices rest with the Father. Therefore, in order to educate his minor child about the importance of Eid UL Fitr and significance of the holy month of Ramzan kareem , in as much as their observance in the city, it would be just and reasonable to allow the Minor to stay with the Applicant and his Paternal family during these three public holidays. Reliance is placed upon 2014 MLD 1137 Lahore High Court Lahore.
4. That the Applicant apprehends estrangement with his minor child for lack of interaction with them , except that of a mere 2 hours visitation , twice in a month and that too within the Court Premises. The elder but minor child of the Applicant is at a growing age and there exists a dire need of frequent visitation with his minor child to avoid estrangement. That the worst possible thing that can happen in a child’s life, apart from losing a parent, is to become a rolling ball in a parents’ divorce and ensuing custody battles. Whilst the spouses and their families hurl accusations and try to get the better of each other, the trauma being suffered by the child may sometimes be overshadowed by the volley of hurt and anger of the parties, for which law would provide no compensation.
5. That it is the inalienable right of every minor child to have free access to his or her parents, including the Non Custodial Parents for an appropriate time so as to develop a bonding, love and affection with his parents. That it is further pertinent to be noted here that on the eve of the Eid Ul Fitr in as much as on the eve of Eid Al Azha, last year, the interim custody of the minor was not handed over to the Applicant on the pretext of the procedural technicalities, hence this application.
6. That it is stated here with utmost humility and respect that in matters of custody of child, factor that the mother loves her child cannot alone give her an edge over the father who is equally affectionate towards his child. Guardian Courts have to distinguish between right of guardianship and right of custody. Which they unfortunately are not inclined to acknowledge. Adjudication of Petition under Section 25 of the G & W Act must not be considered a bridle to allow enlarged interim visitation/ custody of the minor to the Non Custodial Parent filed under the provisions of Section 12 of the G & W Act, hence this Application. Reliance is placed upon 2018 PLD 44 QUETTA
7. That it is in the interest of justice and fair play and the welfare of the Minor that they should be handed over to stay with the Applicant and his Paternal Family to enjoy and celebrate this sacred occasion of Eid UL Fitr and to stay overnight for at least for two days so as to help the minor child generate affinity and bo***ge with their Paternal side of the family
Prayer:
That It is therefore most respectfully prayed that the application may kindly be allowed and the Minor child of the Applicant namely ABC aged about ___ years, may kindly be ordered to be handed over to the Applicant for holidays on account of Eid UL Fitr for 2 days and an overnight stay during the 3 Public Holidays starting from Saturday 21April ( being school off day) till Monday 24 April, 2023 so that the Minor can learn the importance of Moharram and Ashoora with their Father and Paternal family.
That any other relief that this Honourable Court deems just and proper may also very kindly be allowed in favour of the present Applicant
Applicant/Respondent
