AGREEMENT TO SELL

Format/Draft/Specimen:

AGREEMENT TO SELL

THIS AGREEMENT  FOR  SALE  is made and executed on this the         day                      of                  , 2017

                                                         BETWEEN

Mr.______son of _____resident of_____                                                                              hereinafter called the "SELLER" (which expression shall mean and include her legal heirs, successors, successors-in-interest, executors, administrators, legal representatives, attorneys and assigns) of ONE PART.

AND

Mr.______son of _____resident of_____                                                                                                                                            hereinafter called the "PURCHASER" (represented by his  power of attorney ) which expression shall mean and include his heirs, successors, executors, administrators, legal representatives, attorneys and assigns of the OTHER PART.

WHEREAS THE SELLER is the absolute owner in possession and enjoyment of the
more fully described in the schedule hereunder and hereafter called the "SCHEDULE PROPERTY.

WHEREAS the property more fully described in the schedule hereunder is the self acquired property of the SELLER who purchased the same from Mr._____.                    in and by sale deed dated                        and registered as Doct.No.    of         Book 1  Volume No                       Pages              to             ,registered  on                and filed  on the file of the Sub-Registrar,

WHEREAS the SELLER is the absolute owner of the property and he has been enjoying the same with absolute right and he  has clear and marketable title to the Schedule Property

WHEREAS the SELLER being in need of funds for the purpose  of 
has decided to sell the property more fully described in the Schedule hereunder and the PURCHASER  has offered to purchase the same..

WHEREAS the SELLER offered to sell and transfer the schedule property to the PURCHASER for a sale consideration of  Rs            (Rupees                        only)          and the PURCHASER herein has agreed to purchase the same for the aforesaid consideration on the following terms and conditions:


NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Sale consideration of the Schedule Property is fixed at Rs.        (Rupees   only).

2. The PURCHASER has paid ​a sum of Rs.             (Rupees                                only) by cash/ cheque /D.D. bearing  No          ​drawn on                                             dated         as advance, the   receipt of which sum the SELLER  hereby acknowledges.

3. The balance payment of Rs .             (Rupees                                                      only) will be paid by the PURCHASER to the SELLER at the time of execution of the absolute Sale Deed and thus completing  the Sale transaction.

4. The parties herein covenant to complete the Sale transaction and to execute the Absolute Sale Deed by the end of

​5. The SELLER confirms with the PURCHASER that he/she has not entered into any agreement for sale, mortgage or exchange whatsoever with any other ​person relating to the Schedule Property of this Agreement.

6. The SELLER hereby assures the PURCHASER and he/she has absolute power to convey the same and there are no encumbrances, liens, charges, Government dues, attachments, acquisition, or requisition, proceedings etc.

7. The SELLER agrees to put the purchaser in absolute and vacant possession of the schedule property after executing the sale deed and registering the same in the jurisdictional Sub-Registrar's office.

​8. The SELLER covenants with the purchaser that he/she shall not do any act, deed or thing creating any charge, lien or encumbrance in respect of the ​schedule property during the subsistence of this Agreement.

9. The SELLER has specifically agreed and covenants with the PURCHASER that he/she shall do all acts, deeds and things which are necessary and requisite to convey absolute and marketable title in respect of the schedule property in favour of the PURCHASER or his nominee.

10. IT IS AGREED between the parties that all expenses towards Stamp Duty and Registration charges shall be borne by the PURCHASER only.

11. The PURCHASER shall have the right to nominate or assign his right under this
agreement to any person / persons of his choice and the SELLER shall execute the
Sale Deed as per terms and conditions of this Agreement in favour of the
PURCHASER or his nominee or assignee.

12. The SELLER has agreed to get consent deed duly executed to this Sale transaction from his wife/her husband, sons and daughters on or before date of registration of Sale Deed and assured that they all join to execute sale deed in favour of the purchaser.


13. It is hereby expressly provided and agreed by the parties here to that both parties are entitled to enforce specific performance of the agreement against each other in case of breach of any conditions mentioned in this Agreement.

14. The original of the "AGREEMENT" signed by both the parties shall be with the PURCHASER and copy of the same similarly signed shall be with the SELLER.

SCHEDULE



IN WITNESS WHEREOF the SELLER and the PURCHASER have signed this Agreement of Sale on the day month and year herein above mentioned in the presence of the witnesses:

SELLER                                           PURCHASER

WITNESSES:
1.
2.

APPLICATION FOR REDUCTION OF SURETY AMOUNT

IN THE COURT OF DISTRICT & SESSION JUDGE SOUTH AT KARACHI

MISC. APP. No.                      /14.

A. A

Presently confined in Landhi Jail

Karachi.    …………………..…………………..………………………..      APPLICANT

VERSUS

The STATE………………………………………………………...…RESPONDENT

CASE No. 0000/18

FIR No. 000/2018

U/S. 489-F PPC

P.S. Kharadar

                                                                                               

APPLICATION FOR REDUCTION OF SURETY AMOUNT

It is respectfully submitted on behalf of, the above named, Applicant that this Hon’ble Court may be pleased to reduce Surety amount in consideration of the following facts and grounds: -

BRIEF FACTS

As per an FIR, the Complainant, xyz stated:

“I reside, at above mentioned address, run my own business, I started a business alongwith Azeem Ahmed son of Syed Jamal Ahmed who got Rs. 33, 50000/= in consideration of them he gave me two cheques bearing No. 5491339 valued of Rs. 350,000/=, cheque bearing No. 5491312 valued of Rs. 30, 00,000/= dated 15-08-2013, of HBL Liaqatabad, Karachi, to whom I deposited in my Meezan Bank Ltd. On specified date that were dihonoured for insufficient balance, today I called upon Syed Azeem Ahmed who was not prepared to return back, I with the help of my brother I produce him before this police station. Hence this report.”

GROUNDS

1.                That the Learned JM Karachi South granted bail the applicant, abovenamed, in like amount of Rs. 33, 50000/=, equaling to Cheque amount, the applicant tried his level best to arrange surety but could not.

Certified Copy of Bail Orderpassed by the Learned JM Karachi South is attached herewith and marked asannexure “A”.

2.                That fixing of Surety equivalent to the amount of dishonored Cheque cannot be applied as matter of rule.

3.                That  in the Applicant is quite innocent and story in this case is false and fabricated by the complainant on instance of Ejaz Ali and I.O of the case to humiliate and unjustified harassment the Applicant in the eyes of society, and there is apprehension to be arrested by the said I.O for the ulterior motives.

4.                That the Applicant is a business man and belongs to respectable family this case has been made mala fidely for just to harass and humiliate in eyes of the society, which shows that the story is manipulated and well conceived for the ulterior motives.

5.                That from perusal of the contents of FIR it is very clear that the complainant has concocted a story, , and no prima facie case is made out under Section 489-F PPC which has been registered under the instructions of S.I. without taking into consideration and applying his mind on the contents of the complaint.

6.                That the applicant is not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor he will abscond and he will join the prosecution for investigation, as he ispermanent resident of Karachi.

7.                That if the surety amount is not reduced the accused/applicant will not be released on bail and he will not be able to defend himself properly and he shall be suffered irreparable losswhich cannot be measured monetarily and will be humiliated in the eyes of the society.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to reduce surety amount under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 10/06/18                                                                                 

xyz

Advocate for the Applicant

Bail application U/S 392/34

IN  THE  COURT   OF   Vth.     JM AT KARACHI CENTRAL

Bail Application in CASE No.      /2018

XYZ             ………………………….           APPLICANT

VERSUS

The STATE          …………………………….                     RESPONDENT

FIR No. 00/18

U/S. 392/34.

P.S. New Karachi.

BAIL APPLICATION U/S. 497 CRPC

On behalf of the Applicant, above named, it is respectfully submitted that this Hon’ble Court may be pleased to enlarge him on Bail in consideration of the following facts and grounds: 

BRIEF FACTS

As per an FIR, the complainant stated:

“I am resides at above said address and works in Medicine Company, after having meal I went out for walk, between 2200 2230 hrs. I reached at service road Cheepa Ambulance, Sector 11-K, new Karachi near Faisal Bank, suddenly two persons at motor cycle stopped me, one of them put his pistol on my head and asked me handed over mobile Nokia and then after snatching they fled away, I can recognize them if brought before me, hence this report.

GROUNDS

1.                  That the Applicant is quite innocentand falsely implicated in this case and story in this case is false and fabricatedby the complainant due to some enmityon non- compliance of demanded money as illegal gratification.

2.                  That there is blind FIR, no name,hulia, Motor cycle No. or any description of the accused has been mentioned in FIR, and name of the applicant is included in the charge sheet due to enmity by police as mentioned above.

3.                  That the applicant was under age about 16 and half years at the time of alleged incident and this case is covered by Juvenile Justice System. It is well settled law that minors are entitled for bail U/S. 497 Cr.P.C, Sindh Children Act 1955  and U/S. 10 Juvenile System Ordinance  2000. The applicant is in jail since his arrest and as per the said Ordinance minor shall be released on bail.

Photocopy of Birth Certificate is attached herewith as annexure“A”.

4.                  That the applicant is in jail since more than two months.

5.                  That no overt act or any specific role assigned to the applicant as per prosecution version.

                                     

6.                  That the complainant of the case presented before this Hon’ble Court and he has no objection to grant of bail and he submitted his Affidavit as annexure“B”.

7.                  That the applicant was arrested in FIR #. 000/18, U/S. 353, 324/34 PPC, by the complainant’s Police party and alleged that the accused started firing after seeing police party who in self defense also started Firing but no one was injured in counter firing which makes all story highly doubtful. And this case has been foisted upon the applicant during custody on instance of I.O, the complainant pointed out the applicant/accused. Hence, it is a fit case of further probe in the circumstances. Although the applicant/accused has been granted bail in main case, dated 22-04-2018, by the Hon’ble 5^th ASJ Karachi Central in Bail Application 239/2013, hence the applicant is entitled for concession of bail.

True Copy of   Bail Order is attached herewith as annexure“C”.

8.                  That it is yet to be seen as to what was the intention and no motive had been alleged against the applicant, only accused came, put pistol on head and directly snatched Mobile Phone Nokia1110 worth of Rs. 1000/- to Rs. 1500/-, and neither anything/article demanded nor searched personally.

9.                  That it is yet to be determined that who out of two put pistol on head of the complainant and snatched Mobile Phone Nokia 1110 worth of Rs. 1000/- to Rs. 1500/-. Hence, it is a fit case offurther probe and creates doubt in the circumstances.

.

10.             That no incriminating article has been recovered from the alleged accused/applicant and has been implicated due to non compliance of demanded illegal gratification by police.

11.             That no prima facie case is made out under Section U/S. 392/34 PPCwhich has been registered without taking into consideration and applying his mind on the contents of the complaint.

12.             That investigation has been completed and the challan has been submitted in court already in this case and the applicant no more required for the purpose of investigation.

13.             That the applicant is a peaceful law abiding child/citizen, neither a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor will he abscond, as he is permanent resident of Karachi.

14.             That if the accused/applicant is not granted bail he will not be able to defend him properly and he shall be suffered irreparable loss which cannot be measured monetarily and will behumiliated in the eyes of the society.

15.             That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

16.             That other ground may be argued at the time of hearing of this bail application.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased toenlarge him on Bail under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 25/05/2018                                         

xYZ

Advocate for the Applicant

Bail application U/S 381 A

IN THE COURT OF JUDICIAL MAGISTRATE KARACHI CENTRAL

     

   

STATE                              V/S.               XYZ

S/o. A. Hameed Khan

Presently Confined in

_______________PRISON

FIR No.0000/18

U/Section 381-A PPC.

P.S. North NAZIMABAD

BAIL APPLICATION U/S. 497 CR. P. C

                              It is respectfully submitted on behalf of the abovenamed accused/Applicant that this Hon’ble Court may be pleased to enlarge him on bail in consideration of the following facts and grounds:-

BRIEF FACTS

                        As per an FIR, theComplainant, is employee of Pakistan Navy dockyard, on 14/11/18' he alongwith his Friend, for shopping, were ridding over red motorcycle bearing No. LMO, Ooo, Honda CD-70, Engine # M ooo, Chassis # AD ooooo, at Haroon Shopping Center, Sector 15-A/2, Buffer zone, at 11.00 p.m, he parked the said motorcycle, and at 11.35 p.m came out side from there. Then he saw the said motorcycle, was disappeared, to which some one has stolen & taken away, so, he claims for taking action against unknown accused (s).

GROUND

1.                  That the Applicant is quite innocent and this case is false and fabricated by the police officials and police subordinate due to enmity by the ASI who demanded Rs.  /= from the accused/Applicant refused to give any amount hence they arrested him.

2.                  That the Applicant is a poor person and belongs to respectable Family and the alleged recovery is foisted one by the police officials.

3.                  That there is blind FIR, neither name nor any description of the accused has been mentioned.

4.                  That there is una explanatory delay of about 03 months in lodging the said FIR, as incident took place on 14-11-03 and the FIR was lodged on 13-02-04.

5.                  That investigation has been completed and the Challan has been submitted in the matter.

6.                  That there is a violation of mandatory provisions of Section 103 Cr.PC while the place of occurrence is well /thickly populated area of the vicinity.

7.                  That the mushers are not resident of the locality but the police officials and subordinates.

8.                  That from perusal of the contents of FIR it is very clear that the prosecution has concocted a story, the alleged recovery is foisted one, and no prima facie case is made out under Section 381-A PPC.

9.                  That the present crime is not punishable with 10 years or R.I or more, hence it does no fall within ambit of prohibitory clause of section 497 Cr.PC.

10.             That the applicant is not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor he will abscond, as he is permanent resident of Karachi.

11.             That if the accused/applicant is not released on bail he will not be able to defend him properly.

12.             That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

13.             That other ground may be argued at the time of hearing of this bail application.

PRAYER

                                    It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to grant him bail in the interest of Justice.

Karachi.

Dated: - ---/---/04.

ADVOCATE For the Accused

Bail Application U/S 489-F

IN THE COURT OF XYZ. JUDICIAL MAGISTRATE AT KARACHI EAST

B.A. In Case No.  00000 /11

R.A.                   …………………..………………………              APPLICANT

VERSUS

The STATE      ………………………………….                       RESPONDENT

FIR No. 000/2018

U/S. 489-F PPC

P.S. Al-Falah

                                                                                               

WRITTEN ARGUMENTS FOR BAIL APPLICATION U/S. 497 CRPC

It is respectfully submitted on behalf of the above named accused/Applicant that this Hon’ble Court may be pleased to enlarge him on bail in consideration of the following grounds: -

GROUNDS

1.      That the Applicant is quite innocent and story in this case is false and fabricated by the complainant on instance of I.O of the case to humiliate and unjustified harassment the Applicant in the eyes of society.

2.     That the Applicant is a business man and belongs to respectable family this case has been made mala fidely for just to harass and humiliate in eyes of the society, thecomplainant had remedy for repayment if any to file Suit For Recovery U/O. 37, R 2 so far, despite elaps of more than two years, but no suit was filed, and he implicated the applicant in this case, it  clears recovery of mony is not intended but to harass, degrade in the eyes of the society  as there is an  unexplaineddelay of two days in lodging the FIR.

3.     That bussines partnership is admitted, alledged Cheque was issued as a guarrentee for bussinespartnership, the complainant has received the whole amount but he did not return the cheque depite several requests, and it is a matter of rendition of account between the parties, case of accused, in circumstances had become one of afit case for further inquiry. Relied upon 2007 MLD 1234; 2009 SCMR 1488; 2009 P.Cr. L J. 1418

4.     That question of dishonest issuance of cheque and its dishonoring not to be determined at bail stage. Bail cannot be refused when no recovery of amount under the cheque was yet to be made. Offencenot falling within prohibitory clause of S. 497. Relied upon 2010 YLR 664.

5.     That the allegation leveled in the FIR is Civil nature case or civil liability, while no Copy of the said cheque has been annexed with FIR.

Relied upon 2009 P.Cr. L J. 1418: it was held

---S. 497---PPC S.489-F---Bail, grant of---Transaction between the accused and the complainant being one of business dealing, was of civil nature--- Offence U/ S.489-F PPC did not fall within prohibitory clause of S. 497(1), Cr.P.C.--- Continued confinement of accused would amount to punishment before conviction, which was not permissibleunder criminal jurisdiction---Courts had allowed bail in cases where business transaction were admitted---Accused was admitted to bail in circumstances. 2009 P.Cr. L J. 1418 [pp.1420, 1421] A, B, C, & D.

---S. 497---PPC S.489-F---Bail, grant of---Case of civil liability---for which the complainant had to avail the remedy in a court of competent jurisdiction---Offence U/ S.489-F PPC did not fall within prohibitory clause of S. 497(1), Cr.P.C.---Accused was admitted to bail in circumstances. 2012 YLR 2780.

6.     That provisin of S. 489-F PPC had not been promulgated for using it as a tool for recovery of amount due in business dealings for which civil remedy had already been provided by law. Relied upon 2012 YLR 2781-B.

7.     That mere because of a cheque which susequently dishonored does not constitute an offence under section 489-F unless same is issued dishonestly as for the repaymanet of a loan for discharged any obligation. Relied upon 2008 MLD 159.

8.      That from perusal of the contents of FIR it is very clear that the complainant has concocted a story, , and no prima facie case is made out under Section 489-F PPC which has been registered under the instructions and without taking into consideration and applying his mind on the contents of the complaint.

9.     That the present crime is not punishable with 10 years or R.I or more, hence it does no fall within ambit of prohibitory clause of section 497 Cr.PC.

RELIED UPON 2009 SCMR 1488. As it held in

S.497/498---Bail---Principles—Courts in cases, where offence falls within non-prohibitory clause S.497 Cr.P.C--- consider favorably by granting bail as a rule but decline to do so in exceptional cases. 2009 SCMR 1488. 2007 MLD 926.

10.                       That investigation has been completed and challan has been submitted and the applicant/accusedno more required for investigation. Accused cannot be kept behind the bar as a punishment. Relied upon2010 P.Cr.L 1866; 2010 YLR 2982

11.                       the applicant is not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor he will abscond and he will join the prosecution for investigation, as he is permanent resident of Karachi.

12.                       That if the accused/applicant is not released on bail he will not be able to defend him properly and he shall be suffered irreparable loss which cannot be measured monetarily and will be humiliated in the eyes of the society.

13.                       That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to grant him bail  under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 02/09/13.                                                                                      
XYZ

Advocate for the Applicant

Application U/S 249-A

IN THE COURT OF MR.________, LEARNED JUDICIAL MAGISTRATE, ISLAMABAD.

Mr. XYZ

                                                                                              ……PETITIONER

VS

The State

…..RESPONDENT

IN A CASE REGISTERED VIDE FIR NO.    , DATED ______, OFFENCE UNDER SECTION 436 PPC POLICE STATION ______ISLAMABAD.

 

APPLICATION UNDER SECTION 249-A OF CR.P.C FOR ACQUITTAL OF ACCUSED IN ABOVE MENTIONED CASE.

 

RESPECTFULLY SHEWETH:-

That the petitioner is the accused in the above mentioned case which is pending for adjudication before this Honorable Court and is fixed for today.That on the complaint of Mr. _____ R/o _______, Islamabad, the police of police station _______ Islamabad, has registered the above mentioned case against the petitioner.That it is alleged in the FIR that the petitioner along with other co-accused has put the garage of the said house of the complainant on fire.That the allegations leveled in the FIR are false, frivolous, baseless, flimsy and concocted and the petitioner has no concerned whatsoever with the commission of the said offence.That the prosecution has badly failed to produce evidence before this Honourable Court, number of opportunities have been given to the prosecution but failed to produce even a single evidence/witness before this Hon’ble Court.That after conducting the investigation the police has submitted his Challan under section 173 of Cr.PC in which the police categorically stated that there is no concrete evidence against the petitioner and thereafter the name of petitioner put in column No.2.That in view of the facts available on the prosecution record, there is no justification of continuing the process of case. These are the valid and sufficient grounds of abusing court process and wastage of precious time of the court.That petitioner is facing the agony of trial and there is no chance of conviction of the petitioners/accused.That if this application is not accepted the petitioner will suffer an irreparable loss.

                   In the circumstances, it is therefore, most humbly prayed that the accused/Petitioners may graciously be acquitted from the charge under section 249-A Cr.P.C, in the best interest of justice

Note.         This is the first application, which is ever moved before this Honorable Court.

PETITIONER

                                      THROUGH

Advocate

     

Application U/S 265-K

IN THE COURT OF MR.________, LEARNED SPECIAL JUDGE CENTRAL, ISLAMABAD.

Mr. Sohail Arshad S/o Guldastan, R/o D-14, Islamabad.

……PETITIONER

VERSUS

The State

…..RESPONDENT

IN A CASE VIDE FIR NO. ____, DATED 02-11-2016, UNDER SECTION 420, 468, 471, 419, 409, 109 PPC R/W 5(II) 47 PCA, FEDERAL INVESTIGATION AGENCY ISLAMABAD CIRCLE.

APPLICATION UNDER SECTION 265-K OF CR.P.C FOR ACQUITTAL OF ACCUSED IN ABOVE MENTIONED CASE.

RESPECTFULLY SHEWETH:-

That the petitioner is the accused in the above mentioned case which is pending for adjudication before this Honorable Court and is fixed for today.That the State through on the complaint of Mr. ______ S/o _____ R/o ________, Islamabad, the Federal Investing Agency Islamabad Circle has registered the above mentioned case against the petitioner.That the allegation leveled against the petitioner in the FIR is that the petitioner affidavit issued without verifying/adopting the procedure.That the allegations leveled in the FIR are false, frivolous, baseless, flimsy and concocted and the petitioner has no concerned whatsoever with the commission of the said offence.That the petitioner has been falsely implicated in the case by the prosecution as well as the complaint for the ulterior motives and to cause humiliation and harassment to the petitioner.That the parties have been entered into a compromise at bail stage and complainant submitted an affidavit and his statement got recorded before this Hon’ble Court and Order was passed by this Hon’ble Court.That in light of the statement, affidavit of the complainant and order passed by this august Court there is no chance of conviction it would be futile exercise if the trial is continued.That the prosecution has badly failed to produce evidence before this Honourable Court, because more than 05 opportunities have been given to the prosecution but failed to produced even a single evidence/witness before this Hon’ble Court.That in view of the facts available on the prosecution record, there is no justification of continuing the process of case. These are the valid and sufficient grounds of abusing court process and wastage of precious time of the court.That petitioner is facing the agony of trial and there is no chance of conviction of the petitioners/accused.That if this application is not accepted the petitioner will suffer an irreparable loss.

                   In the circumstances, it is therefore, most humbly prayed that the accused/Petitioner may graciously be acquitted from the charge under section 265-K Cr.P.C, in the best interest of justice.

PETITIONER

                                                 THROUGH

                                                                                    Advocate

Surety Affidavit

AFFIDAVIT

I, ____ son of ____ ,R/o ____, do hereby solemnly affirm and declare as under:-
1- That the deponent is the permanent resident of the above said address.

2- That I have never stood any surety in any other case and the documents produced by the deponent are genuine

3- That the accused namely ___ is my real ____.

4- That I am standing surety on behalf of the accused in the above mentioned case.

Deponent

Verification:-

Verified that the above contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Verified at ____ on ____ 

despondent

APPLICATION FOR RELEASING VEHICLE ____ ON SUPARDARI TO THE APPLICANT

IN THE COURT OF ______

____ VERSUS ____ 

FIR No. ___ dated ___
U/S: ___ IPC 
P.S.: ____ 

APPLICATION FOR RELEASING VEHICLE ____ ON SUPARDARI TO THE APPLICANT

RESPECTED SHOWETH:-
1- That in the above mentioned case the vehicle of the applicant has been taken into custody by the police in the above noted case. 
2- THAT the applicant is the owner of the said vehicle and he requires the same for daily use. 
3- That applicant undertakes to produce the said vehicle before this Hon’ble court as and when required by this Hon’ble court.
It is, therefore, prayed that the above-mentioned vehicle may kindly be ordered to be released on superdari to the applicant. 

Dated: ________ APPLICANT/OWNER 

____ S/o ____, R/o _____

THROUGH COUNSEL 

_____, Advocate, ______

Rent Agreement

LEASE AGREEMENT 

This Rent agreement is hereby executed at _______________ on this ____ day of __________ between:

Smt. _______________ wife of Shri ______________, resident of ____________________ ( hereinafter referred to as First party/landlady) which expression shall mean and include her heirs, successors, legal representatives and assigns etc.

AND

M/S ___________________, vide Ends No. Filed No_______ dated ___________, at ___________________ having its India Office _________________________ INDIA through its President Mr. ______________ (hereinafter called the tenant/Second party) of the other part, which expression shall mean and include his heirs, successors, legal representatives and assigns etc.

Whereas the first party is owner in possession, of residential House No. ___________________ and is interested to let out basement of the said house to the second party on the monthly rental basis on the following terms and conditions :-
NOW THIS AGREEMENT WITNESSETH AS UNDER: -
1- That the rate of the rent of the said premises is settled at Rs. _______/-(Rupees __________ only) per month exclusive of water, electricity and other incidental charges.
2- That the second party will pay the rent on each and every 7th day of English calender month in advance. 
3- That the tenancy will be commenced from ____________ and shall remain enforced for the period of __ years. 
4- That the second party has deposited the three months advance security of Rs. __________/- with the party of the first party and this amount will be adjusted in the future arrears of rent. 
5- That the rent of the rented premises shall be increased @ 5% per annum 
6- That the second party shall use the said premises for the purpose of providing coaching classes for the students. 
7- That the second party shall not sublet, part with possession assigned the same to any person in any manner whatsoever.
8- That in case the second party fails to pay the monthly rent to the first party consequently for the period of two months, then the second party shall have to get vacated the premises in question immediately. 
9- That the second party will himself affix the furnitures and fittings in the rented premises.
10- That the second party shall not make/raise any constructions as well as alteration in the rented premises without the written consent of the first party.
11- That the second party shall permit the first party or any of his authorized person to enter the said premises at reasonable time for inspection purpose.
12- That the second party will not vacate the said rent premises upto the minimum period of one year in any manner 
13- That both of the parties shall have to give three months advance notice in writing to each other , in case of vacating the premises in question before the expiry period of the tenancy.
14- That the terms & and conditions as stated above shall be binding on the both parties. The terms and conditions of this agreement are final and are irrevocable.

IN WITNESSES WHEREOF, the parties have signed this agreement on the date, month and year first above written in the present of witnesses at ___________.

WITNESSES:- FIRST PARTTY 
1-

2- SECOND PARTY

Marriage Divorce Legal notice

___________ RESIDENCE CUM OFFICE
Advocate 
Seat No.___, _________

Ref No.________ Dated ____________ 

LEGAL NOTICE
To,

_______ S/o Shri __________ 
______________________ 

Sir,

Under instruction from and on behalf of my client Smt. _________ daughter of Shri __________, resident of _________________, I do hereby serve you with the following notice, the contents of which are set forth herein below :- 
1- That you were married with my client about ______ years ago at _____________, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties. 

2- That after the marriage you and my client lived together as husband and wife and cohabited with each other at ___________ and . Out of the said wedlock of my said client and you one son named _____ aged __ years, _____ daughter aged __ years were born.

3- That at the time of solemnization of this marriage the parents of my client had given sufficient dowry articles to you. At the time of marriage you were involved in unsocial activities. You used to consume wine daily and were also involved in gambling. You started adopting cruelties mentally as well as physical upon my client and whenever my client tried to mend your ways then you and your mother mercilessly beat my client. 

4- That your attitude towards my client was very rude and indifferent from the very beginning and my client always fulfilled your illegal demands time to time. Your mother always taunted my client and said if she was interested to live in the matrimonial house then she would have to bear all the atrocities and cruelties.

5- That my client was of the opinion that after the birth of children you will improve your acts and behaviour and would leave your bad habits but you did not do so and you and your mother always abused, insulted, maltreated and misbehaved my client. Your mother refused turned out my client time to time from her matrimonial house.

6- That on _____________ you turned out my said client from her matrimonial house in three wearing clothes. You kept the children of my said client in our custody. Since the month of ____________ you and your above said mother are black mailing my client and her family members. You and your family members threatened to my client and her family members threatening my client for dire consequences according and as per directions of mother. You have refused to return the entire dowry articles and jewelaries of my said client. You have deserted my said client and hence my said client is not interested to live in your client. My client is also not interest to take the custody of the minor children from you. It my client would join your company then you would cause her death hence my client wants to dissolve her marriage immediately

I, therefore, call upon you through this legal notice to execute the Divorce Deed and papers etc. dissolving this marriage immediately within a period of 15 days from the date of receipt of this legal notice, failing which my client shall constrained to file appropriate proceedings against you in the court of law and in that event you shall be responsible for all costs, risks and responsibilities which you please note well. 

A copy of this legal notice is retained in my office for record and further necessary action. 

____________, Advocate, _________.

Summary Suit

In the Court of Hon’ble _____________-.
Civil suit No.____of _____Year 
M/____________________________ 
Address_______________________ ,
…Plaintiff 
Versus 
M/s ______________________
Address_______________________ ,Principal occupier 
…Defendant 

SUIT FOR RECOVERY OF RS ________/- ALONGWITH INTEREST 

Court Fee paid Rs.______/-

RESPECTFULLY SHOWETH:
1- That the plaintiff is a company under the name and style of M/s _________________________ and Mr. ______________ through whom the present suit is being instituted is the ___________________ of the plaintiff company and he has been authorized by the plaintiff vide Resolution dated __________ and he is fully competent to engage the counsel, sign the vakalatnama, plaint, application for stay, affidavit, applications etc. to depose before this Hon’ble court and to do such other acts, deeds and things. The copy of the Resolution is enclosed as Annexure –A.

2- That the plaintiff is engaged in the business of _______________________________. 

3- That during the course of business with the defendant the plaintiff has done _____________________________. An agreement to this effect was executed between the plaintiff and the defendant on _____________. The plaintiff did the job work as per the satisfaction of the defendant. During the course of business the plaintiff issued proper bills to the defendant, which were accepted and acknowledged by the defendant. The copy of the Bill is enclosed as Annexure –B. 

4- That as per the statement of account maintained by the plaintiff the balance amount of Rs. ________/- is outstanding against the defendant as on ______________ after receiving the last payment of Rs. ___________/- on ________________. The photocopies of Agreement and statement of account are enclosed. 

5- That as per the terms and conditions of the Agreement the defendant have to make the payment of ___% on the delivery of the ____________, which was supplied to the defendant in time but the payment was not made by the defendant upto ____________. Thereafter so many requests were made to the defendant to make the payment so as the work could be done in time but the defendant failed to make the payment. It is no out of place to mention here that the work was delayed due to the reason known to the defendant. The defendant violated the terms and conditions of the Agreement. 

6- That the account of the defendant became irregular and inspite of repeated requests and demands the defendant failed to regularize their account and also failed to make the payment in time. 

7- That the plaintiff requested the defendant several times to make the payment of the outstanding amount which is lying against them but the defendant on one pretext or the other avoided to the legitimate requests of the plaintiff without any cause or reason and has stopped the payment of the plaintiff. In this contest the plaintiff has so many times orally and in writing approached the defendant to make the payment of the outstanding amount lying with the defendant. the notice was sent to the defendant by the plaintiff but the defendant failed to make the payment thereafter the and wrote a letter stating that the account of the plaintiff is debited with Rs. ______________/- without any reason. The defendant is trying to make liable the plaintiff for their wrongs. The defendant issued the same to cheat the plaintiff. The defendant are evading and neglecting the payment of the plaintiff with one false pretext or the other and with some ulterior purpose and motives therefore, the plaintiff can not trust on the defendant any more and cannot and cannot wait for an indefinite period hence they have been compelled to take efficacious legal action against the defendant. 

8- That the account of the defendant become irregular and inspite of repeated requests and demands the defendant failed to regularize their account and also failed to make the payment in time. 

9- That the plaintiff was induced by the defendant to believe in making false representations that they would honour the payment on receipt of the invoice but plaintiff realized letter that the intentions of the defendant was not clear and became decisive, the defendant after receiving the goods, converted the same in their own use and still the defendants have not paid the money to the plaintiff as assured by them.

10- That the defendant fraudulently and dishonestly induced the plaintiff to deliver their property and as such the defendant deceived the plaintiff and caused wrongful loss. The defendant were bound to protect the interest of the plaintiff but the defendants failed to do so hence the defendant have committed an offence punishable under section _______________ IPC and other provisions of the law. 

11- That as per the initial terms and conditions settled with the defendant by the plaintiff, the plaintiff is entitled for an interest @ ___% per annum which is the prevailing rate in the market usage and is the banking rate of interest on outstanding. The plaintiff claims interest at the above rate from the defendant it became due till the date of realization. 

12- That plaintiff served a legal Notice dated ____________ through registered post upon the defendant calling upon them to make the payment of Rs. ________/- along with interest @ __% per annum which was duly received by the defendant. On the receipt of this notice the defendant contacted with the plaintiff and demanded some time for making the payment because the defendant were facing some financial problems. But on ___________ refused to make any payment to the plaintiff. 

13- That the cause of action to file the present suit accrued on each and every date when the plaintiff requested the defendant to make the payment of the outstanding amount due against the defendant. The cause of action further accrued on ____________ when the plaintiff sent a legal Notice to the defendant calling upon to make the payment of the plaintiff outstanding against the defendant. The cause of action finally accrued in favour of the plaintiff and against the defendant on _________ when the defendant refused to make payment of the same to the plaintiff. Hence _____________ is the final date of cause of action accrued in favour of the plaintiff and against the defendants. Hence this suit. 

14- That the present suit being filed by the plaintiffs against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter. 

15- That plaintiff and the defendant reside and the and entire cause of action also accrued between the parties at ____________, within the territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit

16- That the value of the suit for the purposes of court fee and jurisdiction is assessed at Rs. ____________/- upon which Advolrum Court fee Stamp of Rs. ________/- has been affixed on the plaint. 

PRAYER: It is, therefore, prayed that this Hon’ble court may graciously be pleased to pass

(i) a decree for recovery of Rs. ________/- alongwith interest @ __% per annum since _________ till upto date may kindly be passed in favour of the plaintiff and against the defendant 

(ii) costs of the suit may be awarded in favour of the plaintiff and against the defendant 

(iii) or any other relief which this Hon’ble court deems fit and proper may kindly be granted in favour of the plaintiff and against the defendant 

PLAINTIFF 
Through counsel:

_________, Advocate, ___________

VERIFICATION:
Verified that the contents of Paras No.___________ of the plaint are true and correct to best of my knowledge and Paras No. ___________ of the plaint are true to best of my knowledge and belief.

Verified at __________ on___________ 

Application For Issue warrant U/S 100

IN THE COURT OF MR____________, LEARNED CIVIL JUDGE/ JUDGE FAMILY COURT/GAURDIAN JUDGE, ISLAMABAD.

Mr. ______ Vs.    Mr. _______

PETITION U/S 25 OF THE GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR NAMELY JAVED KHAN.

APPLICATION FOR ISSUANCE OF WARRANT UNDER SECTION 100 OF CR.PC FOR RECOVERY OF THE MINOR

RESPECTFULLY SHEWETH:-

 

That the petition under section 25 of the Guardian and Wards Act for the custody of Minor namely Muhammad Javed Khan is pending for adjudication before this Honorable Court and is fixed on 16-01-2016 for arguments.That this Hon’ble Court has passed a restraining order on 17-11-2015 that minor namely Muhammad Javed Khan shall not be removed from territorial limits of Islamabad without first obtaining permission from this Court, in presence of the respondent’s counsel (Copy of the Order dated 17-11-2015 is enclosed herewith as Annexure “A”).That the petitioner’s son namely Javed Khan whose custody in question was studying in English Grammar School since September, 2015.That the Hon’ble Court has passed an order dated 27-11-2015 wherein petitioner was allowed to meet with minor and visit at his school on first and third Thursday. That as per order of the Hon’ble Court the petitioner was regularly meeting with the minor without any interruption or any hindrance (Copy of the Order dated 27-11-2015 is enclosed herewith as Annexure “B”).That in the present month the meeting schedule with minor was fixed on 12^thFebruary, 2016 and when the petitioner reached in the school to meet his son then surprisingly he was informed by the Principal that his son namely Javd Khan (detenu) has left the school on 22^nd December, 2015 and the school leaving certificate has already been issued to respondent. That on demand of petitioner the school principal issued a letter in this regard by affixing date of 8^th January, 2016 (Copy of the letter dated 8^th January, 2016 issued by the Principal is enclosed herewith as Annexure “C”).That when the petitioner contacted to the Secretary Bilal Heights it came to the knowledge of the petitioner that the respondent has shifted to Lahore and the secretary issued a house vacation certificate to the petitioner (Copy of the letter is enclosed herewith as Annexure “D”).That it was a mala-fide found on the part of the respondent that she moved an application before the Hon’ble Court seeking permission to shift the minor to Lahore. That the reply of the same was submitted by the petitioner in the Court on 14-01-2016 and now the deletion of the minor from the school and leaving territorial jurisdiction of the Hon’ble Court is likely to amount a grave contempt of Court.That now the minor is in the illegal custody of the respondent and he is in wrongful confinement. That it is in the interest of justice that this Hon’ble Court issue warrant under section 100 Cr.PC and set free the minor and to produce him before this Hon’ble Court and the respondent may kindly be further proceeded in the relevant provisions of PPC and any other enabling law which is in the best interest of justice.That if the warrant U/S 100 of Cr.PC is not issued and detenu is not produced then the petitioner will suffer irreparable loss.

PRAYER:

Under these circumstances, it is therefore, respectfully prayed that the warrant U/S 100 Cr.PC may kindly be issued and minor detenu may kindly be set free and produced before this Hon’ble Court and the respondent may kindly be further proceeded in the relevant provisions of PPC and any other enabling law which is in the best interest of justice.

Any other relief, which this honorable court may deem fit and proper, may also be awarded.

PETITIONER

THROUGH

Advocate

LEGAL NOTICE FOR SPECIFIC PERFORMANCE

To,

Mr. ______ S/o ______,

R/o ________,

____________, Islamabad.

Subject:              LEGAL NOTICE

Respected Sir,

                   I have been instructed by my client _________, to serve you this Legal Notice to the following effects:-

1. That my client entered with you in agreement to sell dated _______ regarding land measuring 40 Kanal 12 Marlas approximately situated at Khasra Nos. ____________________________ Mouza _______________, Tehsil and District Islamabad.

2. That as per agreement you are owner in possession of the above said land.

3. That it was clearly stated that there is no bar, hindrance, barricade or mortgage or any deficiency in transfer of the above said land.

4. That the total sale consideration of Rs. 5,81,25,000/-was fixed between the parties.

5. That as per clause No. 2 of the agreement that you have received the sum of Rs. 8,00,000/- on _______through pay order No. _______ as a earnest money.

6. That it is pertinent to mention here that the as per clause No. 3 of the agreement it was decided that upto 1^st to 4^th May, 2016 your were bound to get mutated 6 Kanal land in the name of my client.

7. That my client has arranged the required amount which is to be paid at the time of transfer the land measuring 5 Kanal before 4^th May, 2016.

8. That as per clause No. 4 of the said agreement it is decided between you and my client that you were bound to transfer the remaining land at the name of my client and your are entitled to get the remaining sale consideration.

9. Now my client have already requested you through elders of the locality namely _____ and ______ S/o _______ to fulfill your obligation.

10. That my client is ready to perform his part of obligation as per mandate of the agreement.

That through this legal notice your directed to transfer the land within 7 day after receipt of this notice, otherwise my client have a right to initiate and continue Civil as well as Criminal proceedings against you in proper Court of Law at your own risk, cost and consequences.

Advocate

Note:   A copy of the notice in hand has been retained in my office for necessary legal action.

SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION. CERTIFICATE:-

IN THE COURT OF SENIOR CIVIL JUDGE ISLAMABAD.

Mr.  _____ S/o _____, R/o ______, Islamabad.

                                                                                          …….. PLAINTIFF

                                                    VERSUS
Mst. _______ W/o. ______ R/o ________, Islamabad.

                                                                                                               …… DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.

CERTIFICATE:-

(a).   That no subject matter or material in issue in the instant suit has directly or substantially been in issue in former suit between the same parties or between the parties under whom they or any of them claim litigating under the same title before a court of competent jurisdiction.

(b).   Further the subject matter or material in issue never came up before the Honorable High Court or the Supreme Court.

RESPECTFULLY SHEWETH: –

1. That the plaintiff entered into an agreement to sell dated ________, for purchase of the House _______, Islamabad (hereinafter called suit house) with the defendant. It is pertinent to mention here that the said agreement had been executed with consent of the defendant. (Copy of sale agreement dated _______is enclosed herewith as annexure “A”.)

2. That the total sale consideration of Rs. _______/- was fixed between the plaintiff and defendant. That the plaintiff transferred Rs. ________/- in the bank account No. ________ of the defendant’s son and _____Marla plot situated at ________ through registry in lieu of Rs. ______/- and also Rs______/- cash at the time of executing of agreement to sell, as earnest money and it was settled between the plaintiff and defendant, as per the agreement that the remaining consideration of Rs. ______/- will be paid at the time of transfer of suit house (Copy of the Bank deposit slip is enclosed herewith as Annexure “B”).

3. That it is pertinent to mention here that the defendant failed to transfer the suite house in the name of plaintiff owing to involvement in litigation with her brother-in-Law.

4. That after some time the defendant demanded that if the plaintiff pay the remaining consideration amount of Rs. _______/- subsequently the defendant will pay the said amount to her brother-in-Law for reconciliation/settlement and then the defendant will transfer the suit house within one month.

5. That on ______ plaintiff paid the remaining consideration amount of Rs. _______/- to the defendant subject to the defendant will transfer the suit house within one month from the date of payment of remaining consideration i.e. _______ and in case of failure to transfer the suit house within stipulated period the defendant will bound to pay double amount of the total sale consideration i.e. Rs. _______/-

6. That as per the agreement to sell, the defendant is bound to transfer the suit house in the name of the plaintiff on or before _______.

7. That once again the defendant remained failed to transfer the suit house in the name of the plaintiff within stipulated period.

8. That now the plaintiff is entitled to claim the double amount of the total sale consideration i.e. Rs. ________/-from the defendant as per the agreement to sell.

9. That the Plaintiff was shocked and astonished, when it came into the knowledge of the plaintiff that the defendant is going to sell/transfer the suit house to someone else, whereas they have no right to do so.

10. That the Plaintiff had already paid total sale consideration which was fixed between the plaintiff and defendant and the defendant received the same in presence of the witnesses mentioned in the agreement to sell,

11. That the defendant with malafide intention, in order to grab the amount which already have been received from the plaintiff, is going to sell the suit house to some other person because the price of the suit house has been sky rocketed.

12. That the Plaintiff has performed his part of agreement and whereas the defendant is avoiding to perform her part of agreement by transferring the suit house in the name of plaintiff.

13. That the Plaintiff has repeatedly requested the defendant to perform her part of agreement by transferring the suit house in name of the plaintiff, but the defendant is avoiding performing her part of agreement.

14. That the plaintiff has time and again contacted with the defendant and requested her to transfer the suit house in name of the plaintiff on the basis of above said agreement, but she never paid any heed to the request of the plaintiff, Hence, this suit.

15. That the cause of action accrued to the plaintiff firstly when the agreement to sell was executed between the plaintiff and defendant and secondly when the defendant remained failed to transfer the suit house in the name of the plaintiff within stipulated period and finally a day before when the defendant has flatly refused to transfer the suit house in favor of plaintiff and is still continue.

15. That the valuation of the suit for the purpose of court fee and jurisdiction is fixed at Rs. ________/- and the Plaintiff has applied for the court fee and the proper court fee will be affixed with the plaint when available.

15. That the suit house is situated in Islamabad hence this Honorable Court has jurisdiction to adjudicate upon the matter.

PRAYER:-

It is, therefore, respectfully prayed that a decree for the specific performance of Sale Agreement dated ______may kindly be passed in the favour of the plaintiff and against the defendant, with cost, in the best interest of justice and fair administration of law.

It is further prayed that a decree for permanent injunction restraining the defendant from interfering, alienating, selling, constructing, transferring the suit house to anyone else except the Plaintiff or changing the nature of the suit house in any manner whatsoever or from taking any action which is ineffective upon the rights and interests of the plaintiff, may also be passed in favor of the plaintiff and against the defendant, in the best interest of justice and fair administration of law.

Any other relief, which this honorable court may deem fit and proper, may also be awarded to the plaintiff.

                                                                                                     PLAINTIFF

                     THROUGH

Advocate

VERIFICATION

It is verified on Oath at Islamabad on _____day of November 2016 that the contents of the plaint from Para No. 1 to 16 are true and correct to the best of my knowledge and belief and rest of the paras are correct and nothing has been concealed or withheld.

       …Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD.

Mr._______  Vs.  Mst. _____

SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.

APPLICATION UNDER ORDER 39 RULE 1 & 2

READ WITH SECTION 151

RESPECTFULLY SHEWETH:-

1. That the petitioner has filed the above captioned suit before this Honourable Court, the contents of which may kindly be read as integral part of this application.

2. That the petitioner has brought a good prima facie case and there is likely hood to succeed it.

3. That balance of convenience lies in favour of the petitioner.

4. That if the application for grant of interim injunction is not accepted, the petitioner will suffer an irreparable loss.

          It is, therefore, respectfully prayed that ad-interim order restraining the respondent from interfering, alienating, selling, constructing, transferring the suit house to anyone else except the petitioner or changing the nature of the suit house in any manner whatsoever or from taking any action which is ineffective upon the rights and interests of the petitioner may kindly be passed in favor of the petitioner and against the respondent, till the final disposal of the instant case.

                                                                                                     PETITIONER

                                                                   THROUGH

                                                                                                        COUNSEL

IN THE COURT OF SENIOR CIVIL JUDGE ISLAMABAD.

Mr. _____  Vs.    Mst. _____

SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.

APPLICATION UNDER ORDER 39 RULE 1 & 2

READ WITH SECTION 151

AFFIDAVIT

I, ______ S/o ______, R/o ______, Islamabad, do hereby solemnly affirm and declare as under:

1. That the contents of the accompanying petition are correct and true to the best of my knowledge and belief and nothing has been concealed there from.

2. That the contents of the above affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there from.

            DEPONENT

PETITION U/S 25 OF THE GUARDIAN AND WARDS

IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT/GUARDIAN JUDGE  ISLAMABAD.

Mr. ____________ S/o ___________ R/o ____________, Islamabad.

………. PETITIONER

VERSUS

1. ______________ D/o______________ R/o ____________ Islamabad.

2. ____________________, minor.

……… RESPONDENTS

PETITION U/S 25 OF THE GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR RESPONDENT NO.2.

 CERTIFICATE:-

(a).   That no subject matter or material in issue in the instant petition has directly or substantially been in issue in former petition between the same parties or between the parties under whom they or any of them claim litigating under the same title before a court of competent jurisdiction.

(b).   Further the subject matter or material in issue never came up before the Honorable High Court or the Supreme Court.

RESPECTFULLY SHEWETH:-

1. That the Petitioner solemnized marriage with the respondent No. 1 on _____________according to Muslim rites. That the petitioner and respondent No. 1 were blessed with a son namely __________________age 03 Months (Copy of the Nikkah-Nama and Birth Certificate are enclosed herewith as Annexure “A & B”.)

2. That on ______________, the respondent No.1 with her own free will and wish had left the house of the petitioner and forcibly removed the minor from the custody of the petitioner and presently the minor is in custody of the respondent and living with the respondent in her parent’s house at the above-mentioned address.

3. That on __________ the respondent filed a suit for dissolution of marriage on the basis of khullah, recovery of dowry articles and maintenance, which is pending for adjudication before _____________, learned Judge Family Court Islamabad, and next date of hearing is fixed on ______________.

4. That the petitioner is regularly maintaining and fulfilling all the financial requirements/needs of the minor.

5. That the respondent No.1 has failed to fulfill her responsibilities towards the welfare of minor thus disqualified for Hizanat/guardianship.

6. That if the custody of the minor retained with the respondent No. 1 that will ruin his career/future.

7. That the petitioner is entitled for the custody of minor on the following amongst other grounds:-

GROUNDS:-

• That the petitioner is father of the minor and therefore as a natural guardian has a right to access to his minor child under the law but whenever the petitioner asked the respondent to facilitate his meeting with his minor child the respondent has always denied the petitioner to access the minor on one pretext or the other.

• That it is the welfare of the minor to give in custody of petitioner for the better look after of their character education and flourish growth.

• That the respondent is totally dependent to her parents who cannot give the good education and health facilities to the minor which is against the welfare of minor.

• That the petitioner is doing job in a private company and earns a handsome amount to maintain his child (minor) and facilitate the needs and necessities to the minor.

• That the living environment of the respondent is not very encouraging for the brought up of the minor at this stage, and also it is not at all suitable for intellectual moral and spiritual well being of the minor to be left for a single moment in the custody of the respondent and her family.

8. That the petitioner asked the respondent time and again to deliver the custody of minor to the petitioner and to arrange the meeting of the petitioner with the minor on different occasions but she refused to do so, Hence this petition.

9. That the cause of action accrued firstly on _____, when the minor was forcibly removed from the custody of the petitioner and lastly two days before when the respondent flatly refused to handover the custody of minor and is still continuing.

10. That both the parties and minor are residing in Islamabad, therefore, this Honorable Court has the jurisdiction to entertain and adjudicate upon the matter.

11. That the prescribed court fee has been affixed with the petition.

PRAYER:-

Under the circumstances, it is therefore, respectfully prayed that the instant petition may kindly be accepted and the respondent No 1 may graciously be ordered to handover the custody of the minor (respondent No2) to the petitioner in the best interest of justice.

Any other relief with this honorable Court may deem fit and proper also be awarded in the favor of the petitioner.

PETITIONER

                              THROUGH

ADVOCATE

VERIFICATION:

It is verified on Oath at Islamabad on _____day of November, 2016 that the contents of the plaint from Para No. 1 to 9 are true and correct to the best of my knowledge and belief and rest of the paras are correct and nothing has been concealed or withheld.

Petitioner.

IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT/GUARDIAN JUDGE, ISLAMABAD.

Mr. ____________   VERSUS         ____________

PETITION U/S 25 OF THE GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR RESPONDENT NO.2.

APPLICATION UNDER SECTION 12 OF GUARDIAN AND WARD ACT FOR INTERIM CUSTODY OF MINOR.

RESPECTFULLY SHEWETH:-

1. That the petitioner has filed the above captioned petition to this honorable Court and the contents of the same may please be read as an integral part of this application.

2. That the petitioner is father of the minor and has love and affection for his son. If the minor remain in the custody of respondent No.1, then it would be very harmful for the education, health betterment and welfare of the minor.

3. That the petitioner has very good prima facie case and every hope to succeed in it.

4. That balance of convenience lies in favor of the petitioner and hopes to succeed in it.

5. That if the interim custody of minor child is not immediately granted to the petitioner, the petitioner as well as minor son will suffer an irreparable loss.

6. That it is in the interest of justice and welfare of minor that his custody be handed over to the petitioner who can give the true love and affection like a real father.

It is therefore, most respectfully prayed that the instant application may kindly be accepted and respondent No1 be directed to produce minor son in the court and handover the custody of the minor son to the petitioner till the final decision of the main petition.

PETITIONER

THROUGH

ADVOCATE

IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT/GUARDIAN JUDGE, ISLAMABAD.

Mr. ___________     VERSUS         ___________etc

PETITION U/S 25 OF THE GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR RESPONDENT NO.2.

APPLICATION UNDER SECTION 12 OF GUARDIAN AND WARD ACT FOR INTERIM CUSTODY OF MINOR.

AFFIDAVIT

I, ___________ S/o ____________ R/o ________________, Islamabad, do hereby solemnly affirm and declare as under:-

1. That the contents of this accompanying application are true and correct to the best of my knowledge and belief and nothing has been concealed or with held therefrom.

2. That the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed or with held therefrom.

DEPONENT

IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT/GUARDIAN JUDGE, ISLAMABAD.

Mr. ____________   VERSUS         _______ etc

PETITION U/S 25 OF THE GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR RESPONDENT NO.2.

AFFIDAVIT

I, ________________S/o ____________R/o __________________, Islamabad, do hereby solemnly affirm and declare as under:-

1. That the contents of this accompanying application are true and correct to the best of my knowledge and belief and nothing has been concealed or with held therefrom.

2. That the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed or with held therefrom.

DEPONENT