Guardianship Law

Here’s an overview of guardianship law in Pakistan:

1. Guardianship Laws for Muslims:

• • Guardianship under Islamic Law:
    • Father as Natural Guardian: Under Islamic law, the father is considered the natural guardian of minor children. In the absence or incapacity of the father, other male relatives may assume guardianship according to the rules of inheritance.
    • Mother’s Guardianship: The mother may act as a guardian of minor children in specific circumstances, such as the death or incapacity of the father. However, her authority is secondary to that of the father and may be subject to certain limitations.
  • Guardians and Wards Act, 1890:
    • Appointment of Guardians: The Guardians and Wards Act provides a legal framework for the appointment and regulation of guardianship for minors and individuals of unsound mind.
    • Guardian’s Duties: Guardians appointed under this act are entrusted with the care, protection, and welfare of their wards, including managing their property and making decisions on their behalf.

2. Guardianship Laws for Non-Muslims:

• • Guardians and Wards Act, 1890:
    • Applicability: The provisions of the Guardians and Wards Act apply to non-Muslims, including Christians, Hindus, and other religious communities.
    • Appointment of Guardians: The act allows for the appointment of guardians for minors and individuals of unsound mind, with provisions for the welfare and protection of their interests.
  • Christian Personal Laws:
    • Guardianship Provisions: Christian personal laws may contain specific provisions regarding guardianship, particularly in matters of custody and protection of minor children.

Procedure for Appointment of Guardians:

1. Application to the Court:
   • An application for the appointment of a guardian may be filed in the relevant family court or district court, specifying the grounds for the appointment and the welfare of the ward.
2. Judicial Proceedings:
   • The court will consider the evidence presented by the parties, including the suitability of the proposed guardian and the best interests of the ward.
3. Guardianship Order:
   • If the court is satisfied that the appointment of a guardian is necessary and in the best interests of the ward, it will issue a guardianship order specifying the powers and duties of the guardian.

Powers and Duties of Guardians:

• Care and Protection: Guardians are responsible for the care, protection, and welfare of their wards, including providing for their basic needs and ensuring their physical and emotional well-being.
• Management of Property: Guardians may be authorized to manage the property and financial affairs of their wards, subject to the supervision and approval of the court.
• Decision Making: Guardians make decisions on behalf of their wards, including matters related to education, healthcare, and personal welfare.