As per Lawkidunya, The Guardianship and Wards Act, 1890 is a legislation in Pakistan that governs the rights and responsibilities of guardians, wards, and relatives. Here are some of the key rights of relatives under the Act:
Priority in Guardianship
1. Right to Priority: Relatives have the right to priority in being appointed as guardians of a minor, subject to the provisions of the Act.
2. Right to be Heard: Relatives have the right to be heard in court when the question of guardianship is being decided.
Right to Apply for Guardianship
3. Right to Apply: Relatives have the right to apply for guardianship of a minor, subject to the provisions of the Act.
4. Right to Contest Guardianship: Relatives have the right to contest the appointment of a guardian, subject to the provisions of the Act.
Right to Access and Visitation
5. Right to Access: Relatives have the right to access and visit the minor, subject to the provisions of the Act.
6. Right to Maintain Relationship: Relatives have the right to maintain a relationship with the minor, subject to the provisions of the Act.
Right to Information
7. Right to Information: Relatives have the right to information about the minor’s welfare, education, and health, subject to the provisions of the Act.
Right to Participate in Decision-Making
8. Right to Participate: Relatives have the right to participate in decision-making about the minor’s life, subject to the provisions of the Act.
Other Rights
9. Right to Protection: Relatives have the right to protection from harm or exploitation by the guardian or others.
10. Right to Seek Redressal: Relatives have the right to seek redressal if their rights are violated or if they have concerns about the minor’s welfare.
These rights are subject to the provisions of the Act and the specific circumstances of each case. The Act aims to protect the welfare and well-being of minors and ensure that their rights are respected and protected.
Case Laws on Rights of Relatives Under Guardianship and Wards Act
Here are some case laws related to the rights of relatives under the Guardianship and Wards Act:
– Rights of Parents: In a case decided by the Lahore High Court, it was held that parents have the right to meet their minor children and have rights of supervision under Islamic law.
– Guardianship Petitions: A petition under Section 25 of the Guardians and Wards Act was filed in the case of Muhammad vs. Guardian Judge, where the court considered the rights of relatives in guardianship matters.
– Appellate Jurisdiction: In another case, Ijaz Aiwar vs. Guardian Judge, the court discussed the appellate jurisdiction in cases dealt with under the Guardians and Wards Act.
– Saving of Power to Appoint: The court also considered the saving of power to appoint guardians in other cases, as provided under Section 6 of the Guardians and Wards Act.
– Guardianship under Islamic Law: A petition under Section 25 of the Guardians and Wards Act was also filed in a case decided by the Supreme Court of Pakistan, where the court considered the principles of Islamic law in relation to guardianship.
