Here is the procedure for guardianship under the Guardianship and Wards Act, 1890 in Pakistan:
Pre-Filing Requirements
1. Determine the 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 of the minor
– Death certificate of the minor’s parents (if deceased)
– ID proof of the applicant
– Proof of relationship between the applicant and the minor
3. Consult a lawyer: Engage a lawyer specializing in family law to guide you through the process.
Filing the Petition
1. Draft the petition: Prepare a petition under Section 7 of the Guardianship and Wards Act, stating the reasons for seeking guardianship.
2. File the petition: Submit the petition to the court, along with the required documents and court fees.
3. Serve notice: Serve a notice to 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.
Appointment of Guardian
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.
Post-Appointment Requirements
1. File accounts: The guardian must file regular accounts of the minor’s property and finances.
2. Report to the court: The guardian must report to the court on the minor’s welfare and property management.
3. Renewal of guardianship: The guardian must apply for renewal of the guardianship certificate as required by the court.
Note: The procedure may vary depending on the specific circumstances of the case and the court’s discretion. It is recommended to consult a lawyer specializing in family law for guidance on the specific requirements and procedure.