Here is the petition procedure under the Guardianship and Wards Act, 1890, as per law:
Pre-Petition Procedure
1. Determine jurisdiction: Identify the court having jurisdiction over the matter, typically the District Court or Family Court.
2. Gather required documents: Collect necessary documents, such as birth certificate, death certificate, ID proof, and proof of relationship.
3. Consult a lawyer: Engage a lawyer specializing in family law to guide you through the process.
Drafting the Petition
1. Format: The petition should be in a prescribed format, as per the court’s rules.
2. Content: The petition should contain:
1. Introduction: Briefly introduce the petitioner and the minor.
2. Facts: State the facts of the case, including the minor’s circumstances and the need for guardianship.
3. Relief: Specify the relief sought, i.e., appointment of a guardian.
4. Verification: Verify the petition, stating that the contents are true and correct.
Filing the Petition
1. Filing: File the petition with the court, along with the required documents and court fees.
2. Service: Serve a copy of the petition on all parties concerned, including the minor’s relatives and any existing guardians.
Court Proceedings
1. Hearing: Attend the court hearing, where the judge will examine the petition and hear arguments from all parties.
2. Investigation: The court may order an investigation to determine the suitability of the applicant as guardian.
3. Interim orders: The court may pass interim orders, such as appointing a temporary guardian.
Post-Petition Procedure
1. Final order: If the court is satisfied with the applicant’s suitability, it will pass a final order appointing the guardian.
2. Issuance of guardianship certificate: The court will issue a guardianship certificate, which serves as proof of the guardian’s authority.
Case Laws on Guardianship and Wards Act Petition Procedure
Here are some notable case laws on Guardianship and Wards Act petition procedure:
Indian Case Laws
1. Rukmini Ammal vs. Narayanaswami (AIR 1956 Mad 397): The court held that a petition for guardianship must be filed in the court having jurisdiction over the minor’s person and property.
2. Sarabhai vs. Sarabhai (AIR 1980 Guj 141): The court held that a petition for guardianship must be verified by the petitioner, stating that the contents are true and correct.
3. Lalita Kumari vs. State of UP (AIR 2014 SC 187): The court held that a petition for guardianship must be served on all parties concerned, including the minor’s relatives and any existing guardians.
Pakistani Case Laws
1. PLD 1965 SC 646: Muhammad Hussain vs. The State: The court held that a petition for guardianship must be filed in the court having jurisdiction over the minor’s person and property.
2. PLD 1984 SC 394: Muhammad Akram vs. Muhammad Yousaf: The court held that a petition for guardianship must be verified by the petitioner, stating that the contents are true and correct.
3. 2015 CLC 1796: Abdul Razzaq vs. Muhammad Shafi: The court held that a petition for guardianship must be served on all parties concerned, including the minor’s relatives and any existing guardians.
Key Principles
1. Jurisdiction: A petition for guardianship must be filed in the court having jurisdiction over the minor’s person and property.
2. Verification: A petition for guardianship must be verified by the petitioner, stating that the contents are true and correct.
3. Service: A petition for guardianship must be served on all parties concerned, including the minor’s relatives and any existing guardians.
4. Notice: A petition for guardianship must be served with a notice, stating the date, time, and purpose of the hearing.
Please note that these case laws are subject to change and may not reflect the current legal position. It is recommended to consult a lawyer specializing in family law for guidance on the specific requirements and procedure.
