Child Custody Petition Format Under Section 25 of the Guardians and Wards Act, 1890

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / DISTRICT JUDGE AT __________________

G.P. / G.W. / Guardianship Petition No. ______ of 20__

Petition under Section 25 of the Guardians and Wards Act, 1890 seeking return/restoration of custody of minor __________________, aged about ____ years

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner and the Respondent are related to the minor __________________, born on ____________, in the following manner: ______________________________.
2. That the minor ordinarily resides at ______________________________. The present petition is maintainable before this Hon'ble Court in accordance with the applicable jurisdictional provisions, including Section 9 of the Guardians and Wards Act, 1890 and, where applicable, the Family Courts Act, 1984.
3. That the relevant family background is as follows: the marriage/relationship between the parties was solemnised/commenced on ____________ at ____________. A copy of the relevant certificate/document, if applicable, is annexed as Annexure P-1.
4. That the minor has, until ____________, been in the care/custody of __________________. The circumstances relating to the minor's residence and caregiving arrangements are: ________________________________________________.
5. That on or about ____________, the minor left / was removed from the custody of the Petitioner in the following circumstances: ________________________________________________. The Petitioner states that the present arrangement requires judicial consideration in the welfare and best interests of the minor.
6. That the Petitioner claims to be / has been appointed or declared / is otherwise recognised as guardian of the person of the minor on the following legal and factual basis: ________________________________________________. Copies of supporting documents/orders, if any, are annexed.
7. That the Petitioner seeks restoration of custody under Section 25 because, on the facts of the case, return of the minor to the Petitioner would promote the minor's welfare. The relevant circumstances include:
   1. the minor's present age, health, educational needs and daily routine;
   2. the minor's emotional bonds and continuity of care with the Petitioner and other significant caregivers;
   3. the Petitioner's proposed residence, schooling, medical care, supervision and day-to-day caregiving plan;
   4. the ability and willingness of the Petitioner to facilitate a safe and healthy relationship between the minor and the Respondent, subject to the minor's welfare;
   5. any special medical, educational, developmental or psychological needs of the minor;
   6. the minor's preference, if the Court considers the minor sufficiently mature to express an intelligent preference; and
   7. such other circumstances as this Hon'ble Court considers relevant to the minor's welfare and best interests.
8. That the Petitioner has requested the Respondent on ____________ and ____________ to facilitate the minor's return / an appropriate custody arrangement, but the issue could not be resolved. Copies of relevant communications, if relied upon, are annexed as Annexure P-__.
9. That there are / are not other proceedings concerning custody, guardianship, maintenance, matrimonial disputes or protection orders relating to the parties or the minor. Full particulars are: ________________________________________________.
10. That no material fact concerning the welfare, safety or existing custody of the minor has been intentionally concealed from this Hon'ble Court.
11. That the cause of action arose on ____________ when ________________________________________________ and continues within the jurisdiction of this Hon'ble Court.
12. That the requisite court fee, if any, has been affixed/paid in accordance with the applicable State law and court rules.

PRAYER

In view of the facts stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

1. direct, under Section 25 of the Guardians and Wards Act, 1890, the return/restoration of custody of minor __________________ to the Petitioner, if this Hon'ble Court finds such return to be for the welfare of the minor;
2. pass appropriate interim custody, visitation, contact, video-call, holiday, schooling, travel or handover directions as may be necessary for the welfare of the minor;
3. where legally necessary and properly pleaded, pass appropriate orders regarding appointment or declaration of guardianship under the applicable provisions of the Guardians and Wards Act, 1890;
4. direct production of the minor before the Court or such interaction/counselling/welfare assessment as the Court considers appropriate; and
5. pass any other order that this Hon'ble Court considers just, proper and in the best interests of the minor.

PETITIONER

THROUGH COUNSEL
________________ Advocate

Place: ____________
Date: ____________

Verification

I, __________________, the Petitioner above named, do hereby verify that the contents of paragraphs ____ to ____ are true to my personal knowledge, paragraphs ____ to ____ are based on records/information believed by me to be true, and the prayer is made to this Hon'ble Court. No material fact has been concealed.

Verified at ____________ on this ____ day of ____________, 20__.

PETITIONER

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / DISTRICT JUDGE AT __________________

I, __________________, aged about ____ years, son/daughter of __________________, resident of ______________________________, do hereby solemnly affirm and state:

1. That I am the Petitioner in the accompanying petition and am competent to swear this affidavit.
2. That I have read and understood the accompanying petition under Section 25 of the Guardians and Wards Act, 1890.
3. That the statements made in the petition are true to my knowledge, information and records as specifically indicated therein, and no material fact relating to the welfare or custody of the minor has been concealed.

DEPONENT

Verification

Verified at ____________ on this ____ day of ____________, 20__, that the contents of this affidavit are true and correct to my knowledge and belief and that nothing material has been concealed.

DEPONENT