Guardianship

Guardianship matters in Pakistan are regulated by the Guardians and Wards Act, 1890. An application for guardianship is filed in the court having jurisdiction over the area where the minor ordinarily resides. If the matter concerns the guardianship of property, the application may be filed either where the minor lives or where the property is located.

Who May Be a Guardian
A guardian can be either de facto (one who actually takes care of the minor) or de jure (legally recognized). Legal guardians include the father, who is the natural guardian of a child under the age of 18, and persons appointed by the court.
When appointing a guardian, the court considers the individual’s character, capacity, and fitness to ensure the welfare of the minor.

A court-appointed guardian cannot remove the ward from the court’s jurisdiction without prior permission. Any unauthorized removal is punishable by a fine up to Rs. 1000 or imprisonment up to six months.

Who Is a Minor/Ward
Under the Majority Act, 1875, a person remains a minor until the age of 18 years. However, if a guardian has been appointed for the person or property, or if the property is under the supervision of the Court of Wards, the age of minority extends to 21 years.
During this period, the court may appoint a guardian to manage the person, property, or both, ensuring the minor’s protection and welfare.

Application for Guardianship
Any person — relative, friend, or interested party — may apply to become a guardian under the Guardians and Wards Act. The process is governed by Section 10 of the Act, and notice must be given to all parties having an interest in the minor before an order is passed.

During proceedings, the court exercises parental jurisdiction and may grant temporary custody or issue protective orders to safeguard the person and property of the minor until the case is decided.

While appointing a guardian, the court considers:

• The age, sex, and religion of the child

• The character, capacity, and relationship of the proposed guardian

• The wishes of deceased parents, if any

• The child’s own preference, if mature enough to express it

• The emotional and physical welfare of the minor

Shabir Shar Law Associates provides expert legal assistance in matters related to Guardianship and Wards, ensuring the child’s welfare and the lawful protection of their rights and property.

For legal support in guardianship or family law matters, contact us now!