As per Lawkidunya, Here is the eligibility criteria for guardianship under the Guardianship and Wards Act, 1890:

Eligibility Criteria

1. Age: The applicant must be a major, i.e., above 18 years of age (Section 5).
2. Sound Mind: The applicant must be of sound mind and capable of managing the minor’s property and affairs (Section 5).
3. Not Disqualified: The applicant must not be disqualified from being appointed as a guardian under any law (Section 5).
4. Minor’s Welfare: The applicant must have the minor’s welfare and best interests at heart (Section 17).
5. No Conflict of Interest: The applicant must not have any conflict of interest with the minor or the minor’s property (Section 17).

Priority of Guardianship

1. Father: The father is the natural guardian of his minor children (Section 19).
2. Mother: In the absence of the father, the mother is the natural guardian of her minor children (Section 19).
3. Paternal Grandfather: In the absence of the father and mother, the paternal grandfather is eligible to be appointed as guardian (Section 19).
4. Maternal Grandfather: In the absence of the paternal grandfather, the maternal grandfather is eligible to be appointed as guardian (Section 19).
5. Other Relatives: Other relatives, such as uncles, aunts, and siblings, may also be eligible to be appointed as guardians (Section 19).

Disqualification Criteria

1. Unsound Mind: A person who is of unsound mind or is suffering from any mental or physical disability that renders them unfit to manage the minor’s property and affairs (Section 5).
2. Conviction: A person who has been convicted of any offense involving moral turpitude or has been imprisoned for a period of not less than two years (Section 5).
3. Insolvency: A person who is an undischarged insolvent or has been adjudged insolvent (Section 5).
4. Neglect or Cruelty: A person who has been found guilty of neglect or cruelty to the minor or any other child (Section 5).

Latest Case Laws on Guardianship Eligibility Under Wards Act

Here are some recent case laws related to guardianship eligibility under the Wards Act:

– Muhammad vs. Muhammad (2022 MLD 323): This case dealt with a petition under Section 25 of the Guardians and Wards Act, where the court considered the eligibility of a guardian.

– Guardianship Petition (19774/2020): The Lahore High Court heard a guardianship petition filed under Section 25 of the Guardian and Wards Act, 1890, which involved determining the eligibility of a guardian.

– Ijaz Ali War : This case discussed the appellate jurisdiction in cases dealt with under the Family Courts Act and the Guardians and Wards Act, highlighting the importance of eligibility criteria for guardians.

– Lahore High Court Judgment: The court clarified the role of the Guardian Judge under the Guardians and Wards Act and the Family Court’s jurisdiction in matters related to guardianship eligibility.

– Supreme Appellate Court Gilgit-Baltistan Judgment: This case referred to the Guardian and Ward Act 1890 and discussed the eligibility criteria for guardians, with the court citing relevant case laws to support its decision.