Child Custody Petition format

Format of Petition Under Section 25 of the Guardian and Wards Act 1890 for the Custody of Minor Children.

IN THE COURT OF _____________________ __________ JUDGE.

CASE NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PETITIONER
VERSUS
___________________________________ ...RESPONDENT

INDEX

S. No	Particulars	Court Fee	Pages
1.	Court Fee		A
2.	Memo of Parties
3.	Plaint
4.	Vakalatnama

PETITIONER

THROUGH

__________Advocate

Place:_________

Date:__________

IN THE COURT OF _____________________ __________ JUDGE.

CASE NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PETITIONER
VERSUS
___________________________________ ...RESPONDENT

MEMO OF PARTIES

___________________________________

___________________________________ ...PETITIONER

VERSUS

___________________________________

___________________________________ ...RESPONDENT

PETITIONER

THROUGH

__________Advocate

Place:_________

Date:__________

IN THE COURT OF _____________________ __________ JUDGE.

CASE NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PETITIONER
VERSUS
___________________________________ ...RESPONDENT

PETITION UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890 FOR THE CUSTODY OF MINOR SON ___________AGED ABOUT __YEARS AND DAUGHTER ________________ AGED ABOUT __ YEARS TO FATHER, THE PETITIONER

MOST RESPECTFULLY SHOWETH:
1. That the marriage of the petitioner was solemnized with the respondent on ______________ at _________________ according to Hindu rites and ceremony in presence of friends relative and members of the society. The marriage was registered with ___________ on _____________. Copy of the Marriage Registration Certificate is annexed herewith as Annexure - A.

2. That after 6 months of the marriage the respondent started inflicting cruelties mentally and physically upon the petitioner and she started abusing, misbehaving, insulting maltreating to the petitioner. The petitioner tried to mend the ways of the respondent but the behavior and attitude of the respondent remained indifferent and adamant towards the petitioner.

3. That in many occasions the respondent left the matrimonial home without the consent and intimation to the petitioner. The petitioner made efforts to bring her back but the respondent flatly refused to join the company of the petitioner. So the filed a petition under section 9 of the Hindu marriage on __________ in the court of Civil Judge, in which is pending for adjudication.

4. That from the said legal wedlock of the petitioner and respondent one boy namely master ___________ aged about ___ years and one girl namely Baby ___________ aged about ___ Years born.

5. That the respondent along with two children left her matrimonial home on __________after quarrelling with the petitioner. At present both the Children are in the custody of the respondent.

6. That the petitioner is working as _______________ and has regular income. The petitioner is interested to keep the minor children.

7. That the petitioner hereby apply for the custody of his minor children being the father, next friend and natural guardian on the following grounds:

i. That the respondent mostly remains out of her house due to which the care and of the minors is being effected badly.

ii. That the behaviour of the respondent and her family members are very rude, arrogant towards the minor children.

iii. That the respondent is not taking care for the proper upbringing of the minor children namely __________ and ________.

iv. That good schools are not available at the place where the Respondent resided and she is unable to provide good educational facilities and social culture to the children.

v. That the petitioner is educated person and he is presently posted as _____________ and he can give the proper education to the minor children.

vi. That the petitioner is keenly interested to support, welfare, provide good health, extreme good education and proper upbringing of minor children.

vii. That the petitioner is able to look after the minor in better way with full love and affection. The petitioner is only persons being the father of the minor who can make the bright future of minor children.

viii. That after completing his duty the petitioner will give sufficient time to minor children for their development and growth. Besides this the parents of the petitioner will also take proper care of minor in the absence of the petitioner

ix. That the petitioner is fully committed and able to give a good atmosphere to the minor children.

x. That now the age of minor children namely _________ and _____ is more than __ years and __ years and as per the law the father, petitioner is entitled to take custody of minor children.

8. That the respondent has neither been appointed nor has been declared as the lawful guardian of minor children namely ______________ and _________ by any court of law so far. The respondent has also not been lawfully entrusted the custody of minor children by any order of the court.

9. That the petitioner requested the respondent number of times to handover the custody of minor children namely _____ and ________ to him but every time the respondent avoided to the legitimate requests of the petitioner on one pretext or the other and finally on ___________ the respondent flatly refused to handover the custody of the minor daughter and son. Hence this petition.

10. That the cause of action to file the present petition arose on each and every dates when the petitioner requested the respondent to handover the custody of minor children namely ___________ and ________. The cause of action finally arose on _________ when the respondent finally refused to handover the custody of minor children to the petitioner.

11. That both the parties are Hindus by religion.

12. That no other petition on the same subject matter has previously been filed, pending or has been decided by any court of competed jurisdiction.

13. That the petitioner and the respondent lastly resided at ______, the children were also born at ____________, the respondent left the house of petitioner along with the minor children from __________ and the entire cause of action for filing the present petition arose within the territorial jurisdiction of this Hon'ble court hence this Hon'ble court has the jurisdiction to entertain, try and decide the present petition.

14. That a fixed court fee has been paid on the present petition.

PRAYERS
In view of the above it is most respectfully prayed that his Hon'ble Court may graciously be please to:-

i) Accept the petition of the petitioner and the respondent may kindly be directed to handover the custody of minor children namely _________ aged about ____ years and __________ minor aged about ___ years to the petitioner, father, permanently, a decree to this effect may kindly be passed in favour of the petitioner and against the respondent;

ii) Grant any other relief which this Hon'ble court deems fit and proper in favour of the petitioner and against the respondent.

PETITIONER

THROUGH

__________Advocate

Place:_________

Date:__________

VERIFICATION:-
Verified at Delhi on this ___Day of the _______, 20__ that the contents of paragraph no. 1 to ____are true to the best of my knowledge and based on the records of the Petitioner and paragraph no. _______ to _____ are true and correct based on the information received and believe to be true and correct. The last paragraph is prayer to this Hon'ble Court.

PETITIONER

IN THE COURT OF _____________________ __________ JUDGE.

CASE NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PETITIONER
VERSUS
___________________________________ ...RESPONDENT

AFFIDAVIT

I, ___________________ S/O ___________________ R/O _________________ do hereby solemnly affirm and declare as under:

1. That the deponent is the father of minor children namely _________ aged about __ years and __________ minor aged about __ years.

2. That the deponent has filed above noted petition under section 25 of the Guardians & Wards Act, 1890, the content of which may be read as part and parcel of this affidavit for the sake of brevity and avoidance of repetition.

3. That the contents of above petition have been read over to me by my counsel which are true to best of my knowledge and belief.

Deponent

IN THE COURT OF _____________________ __________ JUDGE.

CASE NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PETITIONER
VERSUS
___________________________________ ...RESPONDENT

LIST OF DOCUMENTS ON BEHALF OF THE PETITIONER

S No	Description of Documents	Page No.

PETITIONER

THROUGH

__________Advocate

Place:_________

Date:__________