IN THE COURT OF PRINCIPAL
JUDGE, FAMILY COURTS, ---------------------
Guardianship
Petition No._______ of 20--
In the matter
of:
---------- ...Petition
Versus
----------
...Respondent
INDEX
|
Sl. No. |
PARTICULARS |
PAGE No. |
|
1. |
Memo of Parties |
|
|
2. |
Petition U/s. 7/8/25 of Guardians & Wards Act r/w Section 4 &
6 of Hindu Minority Act alongwith affidavit. |
|
|
3. |
Application u/s. 12 r/w. Section 25 of Guardians & Wards Act 1890
for interim directions. |
|
|
4. |
List of Documents alongwith
documents |
|
|
5. |
Vakalatama |
|
Petitioner
Through
Advocate
DELHI
DATE:
IN THE COURT OF
PRINCIPAL JUDGE, FAMILY COURTS, ---------------------
Guardianship Petition No._______ of 20--
In the matter
of:
---------- ...Petition
Versus
----------
...Respondent
MEMO OF PARTIES
-------------------
D/o
R/o
...Petitioner
Versus
------------------
S/o
R/o ...Respondent
Petitioner
Through
Advocate
DELHI
DATE:
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, -------------------
Guardianship Petition No._______ of 20--
In the matter of:
-------------------
D/o
R/o
...Petitioner
Versus
------------------
S/o
R/o ...Respondent
PETITION UNDER SECTION 7/8/25 OF GUARDIANS & WARDS ACT R/W SECTION 4 & 6 OF HINDU MINORITY ACT ALONGWITH AFFIDAVIT.
Most Respectfully showeth:
|
S.no. |
|
|
|
1. |
The name.
sex, religion, date of birth and ordinary residence of the minor |
Name of minor: ------ Sex: ---- Religion: ----- D.O.B: ------- Presently
living with Petitioner at:- |
|
2. |
Where the
minor is a female, whether she is married, and if so, the name and age of her
husband. |
Not Applicable |
|
3. |
The nature,
situation and approximate value of the property, if any of the minor (for
details see schedule on reverse) |
Not Applicable |
|
4. |
The name
& residence of the person having the custody or possession of the person
or property of the minor. |
The
Petitioner i.e. D/o R/o |
|
5. |
What near
relations the minor has, and where they reside. |
|
|
6. |
Where a
guardian of the person 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. |
Not Applicable |
|
7. |
Whether an
application has at any time been made to the court 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. |
Not Applicable |
|
8. |
Whether the
application is for the appointment or declaration of a guardian of the person
of the minor or of his property or both. |
The present
petition/ application is for appointment/ declaration of guardian of
minor---------. |
|
9. |
Where the
application to appoint a guardian, the qualification of the proposed
guardian. |
The
applicant/ Petitioner is biological ------- of the minor. ----------- and is
----- years and is practicing as------------. |
|
10. |
Where the
application is to declare a person to be guardian, the qualification of the
proposed guardian. |
The
petitioner is -------and is ----years and is practicing as-------------. |
|
11. |
Where the
application is to declare a person to be a guardian, the grounds on which
that person claims |
The
petitioner has been residing with her minor -----separately from the
respondent since-----------. For all purposes, the minor --- has been in care
and custody of the petitioner ever since --- was born. The respondent has
intentionally abdicated all his duties and responsibilities towards the ---
and has shown total apathy towards him. It is the petitioner alone who has
brought --- up. The grounds are mentioned in details separately the following
paragraphs. |
|
12. |
The causes
which have led to the making of this application. |
The
respondent had treated the petitioner with cruelty and had never cared a bit
about the minor ----. The petitioner has been residing with her minor ----
separately from the respondent since ------. For all purposes, the minor
----- has been in care and custody of the petitioner ever since he was born.
The respondent has intentionally abdicated all his duties and responsibilities
towards the ---- and has shown total apathy towards ----. It is the petitioner
alone who has brought --- up.. It will be in the interest and welfare of the minor
--- if such a declaration is made. |
|
13. |
Such other
particulars if any, as may be presented or as the nature of the application
renders it necessary to state |
The
petitioner has been residing with her minor son separately from the
respondent since ------. The petitioner has been the victim of cruelty at the
hands of the respondent and his family members. The decree of divorce on
grounds of cruelty has already been granted to the petitioner against the
respondent. For all purposes, the minor ---- has been in care and custody of
the petitioner ever since he was born. The respondent has intentionally
abdicated all his duties and responsibilities towards ---- and has shown
total apathy towards ----. It is the petitioner alone who has brought ----
up. The petitioner is faced with tough situations regarding absence of legal
documentation in support of ---- claim as guardian of the minor ---, though
--- is acting as ---- guardian for all purposes ever since --- birth. |
GROUNDS ON WHICH THE PETITIONER SEEK TO BE APPOINTED / DECLARED AS GUARDIAN OF THE MINOR ----------------
1. That the Petitioner was married to Respondent as per Hindu rites and rituals on -------- at --------.
2. Though the parents of the Petitioner were compelled to give dowry articles to the Petitioner, her husband and other family members of respondent as per the demands raised by the respondent and his family members from time to time, still the respondent and his family members were not satisfied. Apart from fulfilling their demands, various other gifts, gold jewellery and expensive electronic items were gifted to Petitioner from her parents, friends, relatives and neighbours of the family of the Petitioner. The entire amount of money spent in the marriage of was borne by the family of the Petitioner.
3. That after the marriage the petitioner no. 1 and respondent cohabited together as husband and wife and consummated the marriage and from their wedlock a son, namely, ---------- was born on-------------.
4. That the Petitioner’s father has spent much beyond the status at the time of marriage. That soon after marriage the Petitioner was harassed on one pretext or to another by the Respondent and his family. That Respondent and his family always nagging the Petitioner that she had got inadequate dowry which was not commensurate to the Respondent’s family status. The respondent has systematically tortured the petitioner physically, mentally, emotionally and financially from the inception of the marriage.
5. That it is pertinent to mention that the respondent is/was in an intimate illicit relationship with one------------, it is further submitted that despite knowing of the respondent’s involvement with ----------, the Respondent and his parents namely,--------- colluded to arrange the petitioner and respondent’s marriage solely for the purpose of cheating petitioner and her family and for extorting money and other valuables from the petitioner and her family. The petitioner has been a victim of violent behaviour meted out to her by the respondent on account of his excessive drinking and his parents greed for money and material objects.
6.
That the
Petitioner found that the behaviour and conduct of the respondent and his
family members, was not good/cordial towards her and they always treated and
seen her indifferently and would not leave any stone unturned to harass and
humiliate her.
7.
That the
respondent not only prevented the petitioner form working but also did not
provide adequate financial sustenance to her. The respondent would not give her
any money for basic household and personal expenses and instead, would force
the Petitioner to use her credit card for various things and assuring her that
he will return every penny spent by petitioner. It is further submitted till
date respondent has not paid a single penny towards amount charged on
Petitioner’s credit card. It is further submitted that Petitioner was forced to
pay for number of expenses, including the air and train tickets for family
members of respondent.
8. That
Petitioner prior to the marriage was working with a leading company. It is
submitted that the respondent for some time in the end of--------, the
Petitioner was told categorically that she could not step out of the house and
work resorted that -------.
9.
That the
respondent has abdicated his all responsibilities and has shown total apathy
towards the minor child and has not even offered to contribute towards his
development in any manner or to even enquire about his well being. All the
expenses towards upbringing the child are being exclusively borne by the
petitioner to the exclusion of the respondent. The petitioner has been acting
as his guardianship in all aspects of the life of the minor son.
10.
The petitioner
has been residing with her minor son separately from the respondent since
------. The petitioner has been the victim of cruelty at the hands of the
respondent and his family members. For all purposes, the minor son has been in
care and custody of the petitioner ever since he was born. The respondent has
intentionally abdicated all his duties and responsibilities towards the child
and has shown total apathy towards him. It is the petitioner alone who has
brought him up.
11. That the Petitioner
has no other equally efficacious remedy except to approach this Ld. Court for
its kind intervention and for passing appropriate order.
12.
That the respondent
and his family members lack moral values, and the entire family has no love and
affection for the minor son.
13. That the
respondent has shown total apathy towards the child as well as the petitioner.
14.
That the minor son,
who is --- years old will be benefited to have the petitioner declared as a
lawful guardian. The petitioner although for all practical purposes is his
lawful guardian but on account of want of any document of legal character, the
petitioner as well as the minor son are facing lot of difficulties. Hence, the
present petition has been necessitated.
15. The Petitioner
is deeply concerned and equipped to take all required steps for the betterment,
care, looking after and maintain her minor son. She can provide better
education, values, and inspire him to be a better person overall.
16. There is no
impediment in declaring the petitioner as the lawful guardian. The Petitioner
is ready to fulfill all the terms and conditions, if any, imposed by this
Hon’ble Court in any manner. That the minor child also need constant, emotional
support and protection and therefore, the petitioner being mother is the
competent person who can help the minor child in a better way if declaration is
granted. She will then be able to fulfill the requirement and needs of the
minor child in an efficient way. It is pertinent here to mention that the
welfare of the child is primary important and the same cannot be taken care by
the respondent in view of the above-mentioned fact.
17.
That the
Petitioner apprehends that minor son may be prejudiced on account of lack of
declaration as guardian in favour of the petitioner.
18.
That the present
petition is being filed in the interest and welfare of the child and there has
been nor improper or unnecessary delay in filing the instant petition.
19.
That the
Petitioner has not filed any other or previous applications/ petitions seeking
the same relief against the Respondent before this Ld. Court or any other
Court.
20.
That the
Petitioner has filed this present application bonafide and also in the interest
of justice without any inordinate or undue delay.
21.
That the petitioner is
presently residing at the ----------alongwith the minor, which is within the
local territorial jurisdiction of the Hon’ble Court. Hence this Hon'ble Court
has got territorial jurisdiction to try, entertain and adjudicate the present
petition.
22.
That the
necessary court fee has been affixed on the instant petition.
PRAYER
It
is therefore, most respectfully prayed that this Hon’ble Court may kindly be
pleased to declare that the Petitioner is the legal guardian of the aforesaid
minor child for all the purposes, in view of the facts & circumstances
stated above, in the interest of justice.
DECLARATION
The Guardian
proposed in the above petition/ application do hereby declare that I am acting
as a Guardian and am further willing to get a declaration to the said effect.
Place:-
Petitioner
Dated:- Through
Advocate
Verification
Verified at Delhi on this ----
day of --- that the contents of the above petition are true and correct to my
knowledge and belief based on personal knowledge and records available with me.
Nothing material has been concealed therefrom and no part thereof is false.
PETITIONER
IN THE COURT OF
PRINCIPAL JUDGE, FAMILY COURTS, ---------------------
Guardianship Petition No._______ of 20--
In the matter
of:
---------- ...Petition
Versus
----------
...Respondent
AFFIDAVIT
I, ---------D/o -------R/o------, aged about_____ do hereby solemnly affirm and declare as under: -
1. That I am the Petitioner/applicant in the above-mentioned case and is fully aware about the facts and circumstances of the present case.
2. That the accompanying petition U/s 7/8/25 of Guardians and Wards Act 1890 R/w Section 4 and 6 of the Hindu Minority and Guardianship Act 1956 has been drafted by my counsel on my instructions and the contents of the same are true and correct.
3. That the contents of my accompanying petition may kindly be read as part and parcel of the present affidavit as the contents of the same are not being repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified
at Delhi on this ---------that the contents of my above affidavit are true and
correct and nothing material has been concealed therefrom.
DEPONENT
