How to File for Guardianship of Minors in Pakistan: A Step-by-Step Guide
Leave a Comment / Family Law / By Muhammad Amin, Advocate
In Pakistan, the guardianship of minors can be contested through the family courts, especially when the welfare of the children is at stake. The law provides a process for individuals to claim guardianship, ensuring the children’s safety, education, and well-being. Below is a guide on how to navigate the guardianship process based on a real case example.
Table of Contents
- Recognizing Grounds for Guardianship in Pakistan
- Filing a Guardianship Petition
- Court Hearings and Evidence Presentation
- Receiving the Guardianship Certificate
- Appeals Process for Guardianship Disputes
- Managing the Costs of Guardianship Cases
- Gathering Required Documents for Guardianship
- Final Thoughts on Pursuing Guardianship in Pakistan
Recognizing Grounds for Guardianship in Pakistan
In cases where guardianship is disputed, the courts primarily evaluate the well-being of the minors. Grounds for seeking guardianship often include claims of neglect, abuse, or the ability of the prospective guardian to provide better care. For example, in the case of a dispute over the guardianship of minors, the appellant claimed that the respondent had forcibly taken the children and harmed their education, while the respondent alleged that the appellant had abandoned the minors.
Filing a Guardianship Petition
To begin the guardianship process, the party seeking guardianship files a petition in the family court. In the case mentioned, both parties filed separate petitions before the Additional District and Sessions Judge/Guardian Judge, Bagh, and contested each other’s claims. It is advisable to consult a family lawyer who can help navigate the process, file the application, and ensure that all required evidence is presented.
Court Hearings and Evidence Presentation
Once a petition is filed, the family court schedules hearings and directs both parties to present their evidence. In the referenced case, the trial court consolidated both applications and framed issues. After hearing the evidence from both sides, the court ruled in favor of the respondent and issued a guardianship certificate. The presentation of credible evidence is crucial, as the court weighs both sides’ claims to determine the best interest of the children.
Receiving the Guardianship Certificate
Upon review and after the court evaluates all the presented evidence, a guardianship certificate is issued to the party the court deems most fit to care for the minors. In the case under review, the trial court issued the guardianship certificate in favor of the respondent. The certificate formally grants the individual the authority over the care and decision-making for the children.
Appeals Process for Guardianship Disputes
If either party is dissatisfied with the court’s decision, they may file an appeal. In the case described, the appellant appealed to the Shariat Appellate Bench of the High Court of Azad Jammu and Kashmir. The appeal was based on the assertion that both courts had misinterpreted the evidence. However, on November 22, 2019, the High Court dismissed the appeal, upholding the decision of the trial court. It is essential to understand the appeal process to challenge unfavorable decisions.
Managing the Costs of Guardianship Cases
The cost of a guardianship case varies depending on the complexity of the case, lawyer fees, and other factors like court fees. Legal representation can significantly impact the speed and outcome of a case, with experienced family lawyers often providing a more streamlined process. It is important to budget for both legal fees and possible appeals.
Gathering Required Documents for Guardianship
When filing for guardianship, the petitioner needs to submit relevant documents such as the CNIC (identity card), birth certificates of the minors, and any evidence supporting the claim for guardianship. In the case above, the appellant’s evidence included allegations of the respondent’s misconduct, while the respondent presented evidence that the appellant was unfit due to her personal conduct.
Final Thoughts on Pursuing Guardianship in Pakistan
Guardianship proceedings are complex and require careful attention to detail. Whether you are seeking or contesting guardianship, it is important to present strong evidence and understand your legal rights. In cases of contested guardianship, it is advised to seek professional legal help to guide you through the judicial process effectively.
For professional assistance with guardianship or family law matters, contact Muhammad Amin, Advocate.
Phone: 03139708019