An application under section 8 of the Family Courts Ordinance, 1985

IN THE COURT OF ASSISTANT JUDGE 2^ND COURT, DHAKA

FAMILY (GUARDIANSHIP) CASE NO.________ OF _______

IN THE MATTER OF:

An application under section 8 of the Family Courts Ordinance, 1985 and Order VII, Rule 11 read with section 151 of the Code of Civil Procedure for rejection of plain.

AND

IN THE MATTER OF:

Z

Plaintiff

Versus

X

Defendant

The humble petition on behalf of the defendant above named most respectfully-

SHEWETH:

01. That the instant petition has been filed by the defendant under section 8 of the Family Courts Ordinance, 1985 and Order VII, Rule 11 read with section 151 of the Code of Civil Procedure for rejection of plain in the instant suit.

02. That the instant suit has been filed by Zagainst Xfor the following reliefs:

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03. That pursuant to the provisions of section 7 of the Family Courts Ordinance, 1985 the plaint has to be accompanied by twice as many true copies thereof, including the Schedule and the lists of documents referred to in sub-section 5 and 6 as there are defendants in the suit for service upon such defendants. But no such schedule and lists of documents are added or annexed to the plaint. As such the plaint is liable to be rejected under section 8(a) of the Family Courts Ordinance, 1985.

04. That pursuant to the provisions of Muslim law the father is the natural guardian and is entitled to the custody of a boy over seven years of age and the mother is entitled to the custody of her male child until he has completed the age of seven years [20 DLR (SC) 1]. But in the plaint the plaintiff has prayed for the custody of the minor until his attaining majority. As such the plaint is liable to be rejected, more so when no exceptional case has been made out in the plaint.

05. That it is submitted that the well-settled principle of Order VII, Rule 11 of the Code of Civil Procedure is that “a still born suit should be properly buried at its inception, so that no further time is consumed on a fruitless litigation”. A plain reading of the plaint shows that the instant suit is barred by Muslim law. As such the instant suit is liable to be buried at the inception by rejecting the plaint.

06. That it is submitted that unless the instant application is allowed and accordingly the plaint of the instant suit is rejected this will be an abuse of the process of the Court.

07. That this application is made bona-fide.

Wherefore it is humbly prayed that your honour would graciously be pleased to allow this application and accordingly reject the plaint and/or pass such other or further order or orders as the Court may deem fit in this case.

And for this act of kindness the defendant as in duty bound shall ever pray.

AFFIDAVIT

I, A, son of Late B, aged about ___________ years, of ________________________, by faith __________________, nationality Bangladeshi, profession _______________, do hereby solemnly affirm and declare as follows:

1. That I am the Tadbirkar of the defendant and acquainted with the facts and circumstances of the case, as such competent and authorised to swear this Affidavit.

2. That the statements of facts made in this petition are true to the best of my knowledge based on documents which I verily believe to be true and the rests are submissions before this Hon’ble Court and in witness whereof I swear this Affidavit and signed below before the Affidavit Commissioner on this the ______ day of ______________ at ________ a.m.