APPLICATION UNDER SECTION 07 & 08 OF GAURDIANS & WARDS ACT, 1890

IN THE COURT OF CIVIL AND FAMILY JUDGE AT KARACHI- MALIR.
 G&W Case No.          /2017

Baig S/O I Baig,
Muslim, Adult, Through his lawful attorney
I Baig S/O M Baig, Resident Of
House No: 7, Banglows, 
Gulshan Iqbal, Karachi.      …………        Applicant / Petitioner. 

VERSUS

S Baig W/O Baig,
Muslim, Adult, Resident of House No. 90,  
Gulshan Iqbal, Karachi.                            ……….    Respondent.

Plot / Apartment in the name of
Minor Baby E A Baig vide
Regn. No: MWG-078, Situated
at Bahria Homes - Bahria Town, Karachi.  ………..         Property.

APPLICATION UNDER SECTION 07 & 08 OF GAURDIANS & WARDS ACT, 1890.

That the applicant / petitioner above named respectfully submits as under: -

1.          That the applicant / petitioner belong to a noble and civilized family. At present he is at Dubai – UAE and use to earn by doing Private Job. Due to his absence in Pakistan and also due to job engagements, he is being represented through his lawful attorney. [Copy of NIC, Passport, Residence Visa & power of attorney are attached herewith as Annexure A, A1, A2 & A3].

2.          That the applicant / Petitioner had contracted marriage with respondent on 2-0-2008, in accordance with Muslim Personal law and the marriage was consummated. [Copy of Nikahnama is attached herewith as Annexure B].

3.          That having parentage of applicant & respondent, the two minor babies namely S Baig & E A Baig are born & living with the applicant / petitioner at UAE- Dubai. [The Copy of Birth Certificate & Family registration Certificate are attached herewith as Annexure C & C1]

4.          That the applicant / petitioner had handsome income and sufficient means to provide comfort and necessities of life to respondent and his babies. Therefore for future interest of his family also, the applicant / petitioner was intending to invest his money in the name of Minor baby namely Emaan Adeel Baig. Pursuant to this and being a nominee, he had submitted booking application form for house 125 Square Yards in the name of minor baby E A Baig at housing project Bahria Town Karachi. And thereafter to obtain subject plot / house, the applicant / petitioner, out of his own pocket, has paid in the name of said Minor baby, through banking channel, all due amounts of installments at the rate of 228,000/ (Two lac twenty Eight thousand). [The copy of application Form & receipt of payments of installment are attached herewith as Annexure D, D1, D2, D3, D4, D5, D6, D7, D8, D9, D10, D11, D12, D13, D16, D15].

5.          That for the sake of financial needs and healthy life of family & said minor baby also, whatever the father can do, the applicant / petitioner is trying to do it. Thereon the applicant / petitioner with consent of respondent also, was further intending to get immigrate Canada / Australia or to purchase property / asset there also.  Therefore for generating financial means & for bright future of minor baby also, the applicant / petitioner had decided to sale out subject property in open Market.   

6.          That thereafter the applicant / petitioner had applied through email message to Authority of Housing project – Bahria Town Karachi, for NOC of sale of subject plot but the authority Bahria Town Karachi has declined to issue the same for the reason as below. [The copy of email messaged are attached herewith as Annexure E & E1]
“According to our Karachi office, in order to sale the property you should be having the permission from the court as Guardian Certificate to sell the property. The property cannot be sale without the certificate”.

7.          That in circumstances stated above, the applicant / petitioner has no other way except to knock the doors of this honorable court through subject petition.

8.          That the applicant / petitioner is a father / natural guardian of Minor baby E A Baig and is also entitled to apply for guardianship of her property. As earlier he invested his own money in the name of said minor baby & now he want to use it further for best interest of said minor baby also.

9.          That the applicant / petitioner have no dispute / issue with the respondent who is also natural guardian/ real mother of Minor baby E A Baig.

10.     That it is a well settled rule that a guardian, executor, or anyone who has the care of the person and property of a minor, can enter into a contract which is (or likely to be) advantageous and not injurious to his or her ward. Therefore - A guardian may sell or purchase moveable items on account of his ward, either for an equal rate or at such a rate that may leave a slight loss, but not at such a rate which would make the loss great and apparent (Hidayah, vol. IV, pg. 553).



11.     That the respondent being a real mother has also no objection if the certificate of guardianship of property of Minor baby E A Baig is granted to applicant / petitioner. 



12.     That subject application is made bona fide with interest of and benefit of minor baby E A Baig.


13.     That cause of action arose firstly on 30-10-2017 when the authority Bahria Town Karachi has declined to issue the NOC for sale for want of guardianship certificate of property of Minor, and the same is is still continued day by day till the finalization of this application.

14.     That the Plot / Apartment in the name of Minor Baby E A Baig  is Situated at Bahria Homes - Bahria Town, Karachi, which is within jurisdiction of Police Station Gadap – Malir District and the same is also with in territorial jurisdiction of this honorable court.


15.     That the proper court fee has been affixed hereon.


P R A Y E R

It is, therefore, prayed that this Hon’ble Court may be pleased to pass the judgment and decree as under:-
a.)     To appoint / declare the applicant / petitioner as guardian of the property, Plot / Apartment vide Regn. No:  Situated at Bahria Homes - Bahria Town, Karachi, of minor baby E A Baig, which will include also responsibility to sell or purchase more property / properties and to execute and register the compulsory conveyance in this regard. 
b.)    To grant any other relief that this Hon’ble Court may deem fit and proper under the circumstances of the case.


Karachi.                                                                    APPLICANT
Dated:        

                        ADVOCATE FOR THE APPLICANT.

VERIFECATION.

I, _____________S/O __________, Muslim, Adult, holding NIC No: _________, Through my lawful attorney _________, Muslim, adult, holding NIC No: __________ presently residing at House No:___________ Karachi, do hereby verify on oath that whatever stated above is true and correct to the best of my knowledge and belief.

       DEPONENT

The deponent above named is identified by me to the commissioner for taking affidavit.
                                       
                                                                                                                                         ADVOCATE
Solemnly affirmed and stated on oath before me at Karachi on this 30th day of November 2017 by the deponent above named who is identified to me by Mr. Farhan Khaliq Anwer Advocate who is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS

Documents filed:                            Annexure A to E1.
Documents relied upon:               As above
Address of parties:                         As in the title
Address of advocate:                     As in the Vaklatnama

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