As per Lawkidunya, Here’s a step-by-step guide to the guardianship application process under the Guardians and Wards Act, 1890, in Pakistan:
Pre-Filing
1. Determine the jurisdiction: Identify the court that has jurisdiction over the minor’s residence or property.
2. Gather required documents: Collect the necessary documents, such as:
– Minor’s birth certificate
– Proof of minor’s property (if applicable)
– ID cards of the applicant and minor
– Proof of relationship between applicant and minor (if applicable)
3. Consult a lawyer: It’s recommended to consult with a lawyer specializing in family law to ensure the application is prepared correctly.
Filing the Application
1. Prepare the application: The lawyer will help prepare the application, which should include:
– The applicant’s name, address, and relationship to the minor
– The minor’s name, age, and residence
– The reasons for seeking guardianship
– The proposed guardian’s name and address
2. File the application: Submit the application to the court, along with the required documents and court fees.
Court Proceedings
1. Notice to parties: The court will issue a notice to all parties concerned, including the minor’s parents, relatives, and any other interested parties.
2. Hearing: The court will conduct a hearing to determine the suitability of the proposed guardian.
3. Evidence: The applicant and other parties may present evidence to support their claims.
4. Court decision: The court will make a decision based on the evidence presented and the minor’s best interests.
Post-Decision
1. Appointment of guardian: If the court appoints a guardian, the guardian will be responsible for the minor’s welfare and property.
2. Letters of guardianship: The court will issue Letters of Guardianship to the appointed guardian.
3. Appeal: Any party dissatisfied with the court’s decision may appeal to a higher court.
Timeline
The timeline for the guardianship application process can vary depending on the court’s workload and the complexity of the case. However, here’s a general outline:
– Filing the application: 1-3 days
– Court proceedings: 1-6 months
– Court decision: 1-3 months
– Appeal (if applicable): 3-6 months
Please note that this is a general guide, and the specific requirements and timeline may vary depending on the court and the circumstances of the case. It’s essential to consult with a lawyer to ensure the application is prepared correctly and to navigate the court process.