051 616 9061
clients@thecaselawyer.com
ABOUT US
OUR PROFILE
OUR CLIENTS
JOIN US
BLOG

Follow us:

How to get guardianship certificate in Pakistan?Best Guardianship Lawyer in Islamabad for Overseas Pakistanis

Appointment of Guardian in Pakistan

It is a settled law in Pakistan that the real father and mother are the natural guardians of the minor child. While appointing a guardian, the character, the capacity, and the fitness of the individual should be taken into consideration.

A guardian is responsible to ensure that the minor is supported, fed, dwelled, clothed, and educated in a manner suitable to his or her position in life and to the fortune which he or she is likely to enjoy upon attaining the age of majority.

The guardian appointed by the court is entitled to such allowance as the court thinks fit for the minor’s care and the effort that he or she goes through while undertaking the duties. Such an allowance could be paid out of the property of the child/ward.

A guardian appointed by the court cannot remove the ward from the limits of the court’s jurisdiction without written permission. The permission could be special or general and could be specified in the court order. Illegal removal of a ward from the court’s jurisdiction may constitute criminal prosecution.

Guardian Certificate in Pakistan

It was held by the August Supreme Court of Pakistan that no bar or restriction was placed on the father/natural guardian against obtaining a guardianship certificate from the court, however the circumstances and bona fides of the father in obtaining such declaration/certificate needed to be examined keeping in view the peculiar facts of a case.

Guardian Court is a final arbiter for adjudicating the question of custody of children, however, where a parent holding custody of a child lawfully had been deprived of such custody, such parent could not be deprived of a remedy to regain the custody while the matter is sub judice before a Guardian Court

In exceptional cases, where the High Court find that the best interest and welfare of the minor demands that his/her custody be immediately restored to the person who was lawfully holding such custody before being deprived of the same, the Court is not denuded of jurisdiction to pass appropriate orders under S. 491, Cr.P.C. directing that custody be restored to that person as an interim measure pending final decision of the Guardian Court.

Factors to be considered by the High Court before restoring custody to mother as an interim measure:

  • The tender age of the minor is always a material consideration but it is not the only consideration to be kept in mind.
  • Other factors like best interest and welfare of the minor.
  • The procedural hurdles and lethargy of the system.
  • Delays in finalization of pending matters.
  • The handicaps that the mother suffered owing to her gender and financial position, and
  • Above all, the urgency to take appropriate measures to minimize the trauma, emotional stress and educational loss of the minor are equally important and also needed to be kept in mind while granting or refusing an order to restore interim custody.

Contact

MAIN OFFICE
Saddar Rawalpindi, G-11 Markaz Islamabad
E-MAIL
clients@thecaselawyer.com
WORKING HOURS
Mon to Sat: 09:00 AM – 10:00 PM (PST)

Guardianship Procedure in Pakistan

How to get guardianship certificate in Pakistan?

We have explained a step-by-step process of obtaining guardianship certificate in Pakistan as follows;

  • Step 1
  • Step 2
  • Step 3
  • Step 4
  • Step 5
  • Step 6

Legal Consultation

Our guardian lawyers are expert in family and guardianship laws and provide initial consultations to the clients. During this consultation, we explain the legal framework for guardianship in Pakistan and discuss the requirements, procedures, and expected complexities.

Legal Documentation

We help our clients to prepare and compile the required documents for guardian petition. This includes completing guardianship forms, necessary agreements, property details, gathering identification documents and financial records.

Filing Petition in Court

After executing all legal documents including personal identification of both guardian and wards as well as their relationship, personal documents of child and financial documents, we will prepare a guardian petition seeking permission of the court for appointment of guardian to retain the custody of child.

Attending Court Proceedings

Our family lawyers represent our clients during court proceedings related to guardianship. They present the case, provide statements, submit evidence and make legal arguments on behalf of our clients.

Orders by the Court

Once court allows the guardianship petition, it will pass direction for submitting surety/guarantee for the child. This usually assures the court that you will take excellent care to the child and no harm will be done.

Issuance of Guardianship Certificate

After being satisfied and submission of surety into the court, the court will then issue a Guardianship Certificate to the proposed guardian under certain direction with respect to welfare of child and submission of account reports annually or quarterly.

Guardian Law in Pakistan

In Pakistan, the Guardians and Wards Act of 1890 is the law that governs guardianship. It outlines the rights and responsibilities of guardians when it comes to the care and custody of children. Guardians have the authority to make decisions about the child’s upbringing, education, and welfare. They are responsible for the child’s welfare and have the power to manage their property and assets. This act ensures that children are properly being cared and protected by the guardian.

Powers of the Guardian Court

Section 7 of the Guardians and Wards Act of 1890 empowers the court to make orders regarding guardianship. The court can either appoint someone as a guardian or declare someone to be a guardian. If someone is already acting as a guardian but hasn’t been legally appointed, their authority will be removed when the court makes an order under Section 7.

However, if a guardian has already been appointed by a will or other legal instrument, or appointed or declared by the court, the court cannot appoint or declare another person as a guardian until the power of the existing guardian has ceased. This provision ensures that there is no conflict between multiple guardians and that the transition of guardianship is done properly.

Who can apply for guardianship certificate?

Section 8 of the Guardians and Wards Act states about who can apply for an order regarding guardianship. Following are the persons who can apply to the court for appointment as a Guardian of a child;

  • The person who wants to be or claims to be the guardian of the minor.
  • Any relative or friend of the minor.
  • The Collector of the District or Local Area where the minor usually lives or has property.
  • The Collector who has authority over the particular class to which the minor belongs.

So, these are the persons who can apply for an order regarding guardianship under the Act.

Requirements for filing petition for guardianship certificate

Section 10 of the Guardians and Wards Act specifies the form of application for guardianship. Application needs to be done through filing a proper petition. The petition should be signed and verified according to the rules outlined in the Code of Civil Procedure for signing and verifying a plaint and the petition should include the following details, to the best of your knowledge:

  • The name, gender, religion, date of birth, and residence of the minor.
  • If the minor is a female and married, the name and age of her husband.
  • The nature, location, and approximate value of the minor’s property, if any.
  • The name and residence of the person who currently has custody or possession of the minor’s person or property.
  • Information about the minor’s near relatives and their places of residence.
  • Details about any previous appointment of a guardian for the minor’s person or property, if applicable.
  • Information about any previous application made regarding the guardianship of the minor and its outcome.
  • Whether the application is for the appointment or declaration of a guardian for the minor’s person, property, or both.
  • The qualifications of the proposed guardian, if the application is for appointment.
  • The grounds on which a person claims to be a guardian, if the application is for declaration.
  • The reasons that led to the making of the application.
  • Any other necessary particulars as prescribed.

Factor which court considers while appointing a guardian

Section 17 of the Guardians and Wards Act states the factors that the court needs to consider when appointing a guardian for a minor.

  1. Clause 1 of this section states that the court needs to consider about what will be good for the child’s well-being while staying within the legal boundaries.
  2. Clause 2 provides some specific factors that the court should take into account when determining the guardian. These factors include the age, sex, and religion of the child, as well as the character and capability of the proposed guardian. The court also considers the proximity of the proposed guardian to the child and any wishes expressed by a deceased parent. Additionally, the court looks at the past and present relationship between the proposed guardian and the child or the child’s property.
  3. Clause 3 states that if the child is capable of making an informed choice of his guardian, the court may consider their opinion when deciding on the guardian.
  4. Clause 5 emphasizes that the court cannot appoint or declare someone as a guardian if they don’t agree to take on that responsibility.

Relationship between the guardian and minor

A guardian and a minor shall stand in a fiduciary relationship. A fiduciary relationship between a guardian and a ward means that the guardian has a special duty to act in the best interest of the ward.

It’s like a trusted relationship where the guardian has to prioritize the welfare and needs of the child above their own. They must make decisions and take actions that benefit the child and not seek personal gain or profit from their position as a guardian.

Grounds for Removal of Guardian

Section 39 of the Guardian and Wards Act of 1890 provide the grounds for which a court can remove a guardian. These grounds include:

  • If the guardian abuses their trust,
  • If he consistently fails to perform his duties,
  • If he is incapable of performing their duties,
  • If he mistreats or neglects the child
  • If he disrespects the laws or court orders,
  • If he is convicted of a serious offense that affects his character,
  • If he is untrustworthy,
  • If he permanently moves outside the court’s jurisdiction,
  • If he goes bankrupt or become insolvent (in the case of a property guardian),
  • If the guardian’s authority ends according to the law applicable to the minor.

Legal Guidance For Guardianship in Pakistan

Second Marriage by Father

Mere second marriage by father would not disentitle him from getting custody of his minor daughter/son. Mother, according to Islamic Law, despite being entitled to custody of her minor daughter would become disentitled if she took second husband not related to the minor within prohibited degree, thus custody of minor in such case would belong to her real father.

Jurisdiction of Family Court in Pakistan

The Family Court has exclusive jurisdiction under S.5 of West Pakistan Family Courts

Act, 1964 to entertain, hear and adjudicate all matters which fall within the First Schedule to West Pakistan Family Courts Act, 1964 and the same includes custody and guardianship matters.

For the purposes of determining “territorial jurisdiction” of the Family Court, it is the West Pakistan Family Courts Act, 1964, and rules framed thereunder, which are taken into account and not the provision of S.25 of Guardians and Wards Act, 1890.

According to Rule 6(a) of West Pakistan Family Courts Rules, 1965, there are three factual eventualities which are relevant for the purposes of determination of “territorial jurisdiction” of Family Court;

First, where the cause of action wholly or in part has arisen, meaning thereby in the custody or guardianship disputes if minors are with the mother and they have been illegally and improperly removed and taken away from the place where they were living with her (or vice versa for father as well) the cause of action is said to have arisen at such place, otherwise the cause of action is deemed to have arisen where the minors are residing.

Second, under Rule 6(b) West Pakistan Family Courts Rules, 1965, where the parties reside or last resided.

Third, as per proviso to Rule 6 of West Pakistan Family Courts Rules, 1965, in a suit for dissolution of marriage or dower where the wife ordinarily resided.

In view of the addition of proviso to Section 7(2) of West Pakistan Family Courts Act, 1964, if a suit for dissolution of marriage joins other causes of action mentioned in that proviso, such suit also falls in the third category, otherwise not.

Persons entitled to be the guardians of the property of minor

De facto guardian has no power to transfer any right or interest in the immovable property of the minor.

Who is a De Facto Guardian?

A person may neither be a legal guardian nor a guardian appointed by the court but may have voluntarily placed himself in charge of the person and property of a minor is called de facto guardian. A de facto guardian is merely a custodian of the person and property of the minor. A de facto guardian has no power to transfer any right or interest in the immovable property of the minor.

The following persons are entitled in the order mentioned below to be the guardians of the property of a minor:

  • The father;
  • The executor appointed by the father’s will;
  • The paternal grandfather;
  • The executor appointed by the will of the paternal grandfather.

In default of the legal guardians (as above) the duty of appointing a guardian for the protection and preservation of the minor’s property falls on the Judge as representing the State.

Under the Islamic law the mother is entitled only to the custody of the person of her minor child up to a certain age according to the gender of the child. But she is not the natural guardian alone; the father or if he is dead, his executor (under the Sunni Law), is the legal guardian.

If the father dies without appointing an executor (Wasi) and his father is alive, the guardianship of his minor children devolves to their grandfather. Should he also be dead, and have left an executor, it vests in him.

In default of these de jure guardians, the duty of appointing a guardian for the protection and preservation of the infant’s property devolves to the Judge as the representative of the sovereign.

When the mother is the father’s executrix or is appointed by the Judge as guardian of the minors, she has all the powers of a de jure guardian.

How to determine the Age of a Child?

Best evidence to prove the fact of the age of a child is from those who would have in the ordinary course of life personal knowledge.

Statement of the mother of the child concerned with regard to the age; entries in the Birth Register and the Matriculation Certificate can be considered as unimpeachable evidence.

Cessation of Guardianship

A court on the application of any interested person or on its own motion may remove a guardian for the following reasons:

  • For abuse of trust;
  • For continued failure to perform the duties;
  • For incapacity to perform the duties;
  • For ill-treatment, or neglect to take proper care of the ward;
  • For contumacious disregard of any of the Guardian & Wards Act’s provisions or of any orders of the court;
  • For conviction of an offense implying a defect of character;
  • For having an interest adverse to the faithful performance of his duties;
  • For ceasing to reside within the local limits of the court’s jurisdiction;
  • For bankruptcy or insolvency in the case of a guardian of prop

A guardian may also apply to the court for discharging him or her from the responsibility of being a guardian. A person also ceases to be a guardian in the case of his or her death, removal, or discharge; upon the ward ceasing to be a minor; upon the female ward’s marriage whose husband is not unfit to be a her guardian; or upon the court itself assuming superintendence of the minor.

Procedure to appoint Guardian of Mentally Disable Person

When originally the guardian had to be appointed, the Court of Protection had to observe the following procedure mentioned in Section 30 of the Mental Health Ordinance:

Section 30. Regulation of proceedings of the Court of Protection.-

(1) The following provisions shall regulate the proceedings of the Court of Protection with regard to the matter to which they relate, namely:-

  • Notice shall be given to the mentally disordered person of the time and place at which it is proposed to hold the inquiry;
  • if it appears that personal service on the alleged mentally disordered person would be ineffectual, the Court may direct such substituted service of notice as it thinks fit;
  • the Court may also direct a copy of such notice to be served upon any relative of the alleged mentally disordered person and upon any other person to whom in the opinion of the Court notice of the application should be given;
  • the Court may require the alleged mentally disordered person to attend, at such convenient time and place as it may appoint for the purpose of being personally examined by the Court or to any person from whom the Court may desire to have a report of the mental capacity and condition of such mentally disordered person;
  • the Court may likewise make an order authorizing any person or persons therein named to have access to the alleged mentally disordered person for the purpose of personal examination; and
  • the attendance and examination of the alleged mentally disordered person under the provisions of clause (d) and clause (e) shall, if the alleged mentally disordered person be a woman who, according to customs of the country, ought not to be compelled to appear in public, be regulated by the law and practice for the examination of such persons in other civil cases.
    • The Court, if it thinks fit, may appoint two or more persons to act as assessors to the Court in the said proceedings.

Upon the completion of the inquiry, the Court shall determine whether the alleged mentally disordered person is suffering from mental disorder and is incapable of managing himself and his affairs, or may come to a special finding that such person lacks the capacity to manage his affairs, but is capable of managing himself and is not dangerous to himself or to others, or may make any such order it deems fit, in the circumstances of the case, in the best interests of such person”.

Inquiry by Court of Protection into Cessation of Mental Disorder
  • Where the Court has reason to believe that any person who was found to be mentally disordered has ceased to be mentally disordered, it may direct any court subordinate to it to inquire whether such person has ceased to be mentally disordered.
  • An inquiry under subsection (1) shall, so far as may be, conducted under this Ordinance.
  • If after an inquiry under this section, it is found that the mental disorder of a person has ceased, the Court shall order all actions taken in respect of such person under this Ordinance to be set aside on such terms and conditions as that Court thinks fit to impose.
  • Without prejudice to the general powers given above, the court shall have powers to make such orders and give such directions as the Court thinks fit, for the betterment of such a person.”

VERIFIED & RANKING NO. 1 ON GOOGLE

  • Best family lawyers in Islamabad. Professional team and credible legal services.

    Sarah Shahid Avatar Sarah Shahid
    February 1, 2024

    Very Professional. Courteous. Caring . I felt like I already won the court case ! Highly recommend to my fellow Pakistanis .

    ahsan khan Avatar ahsan khan
    January 22, 2024

    Good people specially Shuja Naqvi and Awais both are great.

    Django Studio by Ehtisham Avatar Django Studio by Ehtisham
    January 5, 2024

    Legal services providing by this law firm are extraordinary specifically to the overseas pakistanis. Unlike ordinary law firms, this firm have transparent mechanism and cost effective. They charge one time... read more

    Bilal Hussain Avatar Bilal Hussain
    August 23, 2023
  • This firm is providing legitimate legal services specifically with respect to family and divorce matters. I highly recommend this firm

    USAMA KHALID Avatar USAMA KHALID
    August 1, 2023

    I have very great experience with this firm. It is the best law firm in the Twin Cities, they are very professional and dedicated solicitors. I highly recommend this firm... read more

    ASHFAQUE ALI Avatar ASHFAQUE ALI
    July 26, 2023

    Best family lawyers in Islamabad.

    Furkan Mahroof Avatar Furkan Mahroof
    July 1, 2023

    Best family lawyers in Islamabad

    Noreen Siddique Avatar Noreen Siddique
    June 1, 2023
  • Shujah Haider is a great communicator and even better negotiator. Because of him we were able to settle my complex case. Highly recommend him and this firm.

    Ali Kazmi Avatar Ali Kazmi
    May 1, 2023

    Very reliable firm regarding family related legal issues

    Humayun Awan Avatar Humayun Awan
    April 1, 2023

    Professional family lawyers offer excellent legal services.

    Syed Haseeb Avatar Syed Haseeb
    April 1, 2023

    Credible legal services provided by this law firm. Professional family lawyers.

    Yasir Shah Avatar Yasir Shah
    April 1, 2023
  • I recommend this law firm for handling family disputes

    Taimoor Khan Avatar Taimoor Khan
    April 1, 2023

    Best family lawyer who provided credible legal services

    Taimoor KhanG Avatar Taimoor KhanG
    April 1, 2023

    This law firm offers professional legal services to their clients

    A G KHAN Avatar A G KHAN
    April 1, 2023

    This law firm has a best team of family lawyers on board

    unKnow n Avatar unKnow n
    February 1, 2023
  • I have a best experience with this law firm. Their services are highly appreciated.

    Ali Shahid Avatar Ali Shahid
    February 1, 2023

    Excellent service provided by professionals.. 👍

    Fazal Shah Avatar Fazal Shah
    February 1, 2023

    I personally refered my case to the Case lawyer team. They are professional, dedicated and committed to their work. I recommend this law firm.

    The Shadow Journalists Avatar The Shadow Journalists
    February 1, 2023

    Very cooperative, highly trained professionals. M very satisfied with there services

    Nouman Kayani Avatar Nouman Kayani
    February 1, 2023
  • LAW FIRM OFFERS PROFESSIONAL LEGAL REVIEWS TO THEIR CLIENTS. I'M SATISFIED WITH THE SERVICES AND COST.

    Abbas5 Ali Avatar Abbas5 Ali
    February 1, 2023

    Very good👍🏻👍🏻

    Sheikh Awais Avatar Sheikh Awais
    February 1, 2023

    I have good 😊experience with this law firm

    Iqra Abbasi Avatar Iqra Abbasi
    February 1, 2023

    I highly recommend this law firm. I got a inheritance casefor the first time and of course was scared out of my mind. Their team of best family and property... read more

    farman ullah Avatar farman ullah
    November 15, 2022

What is The Case Lawyer?

The Case Lawyer is a full-service law firm that is being driven by the expert lawyers of multiple domains such as Family & Personal Laws, Property & Revenue Laws, Financial Law, Corporate and Tax Laws, Information Technology Laws, International Laws, Offshore Business Laws, and obviously Immigration Laws of different countries.

The Case Lawyer is popular among the overseas community due to its transparent mechanism as well as cost-efficiency. Firm’s majority clients are non-resident Pakistanis which are satisfy with the legal services provided by the firm and definitely dispute resolution for overseas Pakistanis.

  • Customized Support
  • Virtual Legal Support
  • Easy Access
  • Transparency
  • Communication
  • Fee Structure

Our Customized Support for Expatriates

We have customized legal and litigation support for overseas Pakistanis as no other law firm in Pakistan is able to offer customized legal support. We have break down the entire process as follows;

  1. Initial Legal Consultancy
  2. Case Analysis
  3. Plan of Action & Invoice
  4. Preparation and Filing of Lawsuit
  5. Representation and Submission of Evidence
  6. Results

Convenience of Our Virtual Legal Support

We are virtually available 24/7 for your live legal support where you can discuss your concerns with our expert lawyers of multiple domains. You need to call on our business number and confirm appointment which is free of cost for initial consultation for 15 minutes but due to shortage of time and number of queries you need to pay 5000/- for subsequent consultation for next 30 minutes discussion with our lawyer.

Accessing Legal Services from Abroad

We are serving our expatriates Pakistanis who are residing everywhere in the world from Australia, New Zealand, United Kingdom, Europe, United States, Canada, KSA, UAE, Qatar, Turkey, and other countries. We have redressed the grievance of hundreds of overseas clients who are satisfied with our extra-ordinary services and prompt responses.

Transparency in Legal Services

Transparency in legal services for overseas Pakistanis is core concern which also is our main consideration. As most of the overseas Pakistani while residing abroad do not know what proceedings are being conducted in the court by their lawyers in Pakistan and this causes lack of trust and mis-information. We keep our overseas clients up to date regarding their case and clients are being informed through electronic mail and WhatsApp. We also share with them court orders which able them to understand what proceedings are being conducted by our lawyers.

Honest Communication with Overseas Clients

We prefer reputation over money and this aspect makes us well reputed organization. Our communication with the clients is privileged in accordance with the legal ethics so we you must believe that we provide you an honest solution and our conversation with you is protected.

Transparent Fee Structure for Legal Services

We prepare invoice after case analysis which clearly reflects documentation & filing expenses including court fee, lawyer’s professional fee, clerical expenses and other miscellaneous expenses which may incur time to time. This mechanism eliminates hidden cost which protects our client’s monetary concerns.

Furthermore, for convenience of Pakistani Expats we also have an option of installment plans but this varies upon case to case.

CONTACT THE CASE LAWYERCall us today, e-mail us or leave a message

Get a free callback

    THE CASE LAWYER
    Main Saddar, Rawalpindi
    Sector G-11, Islamabad
    Sector F-10, Islamabad
    clients@thecaselawyer.com
    FREE CONSULTATION 24/7

    The Case Lawyer | ISO Certified Law Firm. Calls may be recorded for quality and training purposes.

    Follow Us:
    Our Offices
    Pakistan | United Kingdom | USA | Canada | Australia | France | Germany | UAE | Europe | Middle East

    © Copyright 2024 | The Case Lawyer | ISO Certified Law Firm

    Open chat
    1
    Need help?
    Hi, How can I help you?