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Guardianship

Obtaining a Guardianship Certificate

This guide explains guardianship in Pakistan, including the different types of guardianship and the steps to obtain a guardianship certificate. It helps you understand your rights as a guardian and provides clear guidance on how to apply for legal guardianship.

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Understanding Guardianship in Pakistan

In Pakistan, guardianship means the legal responsibility to take care of a minor’s person, property, or both. When appointing a guardian, the court always considers the welfare of the minor, including age, religion, and the relationship with the proposed guardian.

Who Is a Guardian Under Pakistani Law?

Under the Guardians and Wards Act, 1890, a guardian is a person who has the care of a minor’s person, property, or both.

Types of Guardians in Pakistan

1. De Facto Guardian

A de facto guardian is someone who voluntarily takes care of a minor without being legally appointed by the court.

Limitations:
A de facto guardian has no legal authority to sell, transfer, or deal with a minor’s immovable property. Only a legally appointed guardian can do so.

2. Natural Guardian

A natural guardian is legally entitled to care for a minor by law. Under Muslim law, the father is the natural guardian. In his absence or incapacity, the mother becomes the natural guardian.

Who Is a Ward (Minor)?

Under the Guardians and Wards Act, 1890, a ward is a minor who has a guardian for their person or property.
According to Pakistani law, a person below 18 years of age is considered a minor.

Types of Guardianship Certificates in Pakistan

Guardian of a Person
Responsible for the minor’s care, education, health, and daily needs.
Guardian of Property
Responsible for managing and protecting the minor’s assets and property.
Guardian of Both
The court may appoint the same person as guardian of both the minor’s person and property.

Family Laws in Pakistan Related to Guardianship

In Pakistan, guardianship matters and the issuance of guardianship certificates are governed by the following key laws:
The Guardians and Wards Act, 1890

This is the main law dealing with guardianship matters in Pakistan. Its key provisions include:

  • Section 4: Defines a guardian as a person responsible for a minor and/or the minor’s property.

  • Section 7: Allows the court to appoint a guardian for the person, property, or both.

  • Section 8: Identifies who may apply to the court to be appointed as a guardian.

  • Section 17: Requires the court to consider the minor’s welfare, age, religion, and the guardian’s ability before making an appointment.

  • Section 25: Allows claims for custody of a minor in the minor’s best interests.

  • Section 27: Explains the duties and responsibilities of a guardian.

  • Section 29: Limits a guardian’s powers, including restrictions on selling or transferring a minor’s property without court approval.

  • Section 39: Provides for the removal of a guardian if they misuse authority or act against the minor’s welfare.

The Family Courts Act, 1964
Family Courts also have exclusive jurisdiction over guardianship matters, in addition to Guardianship Courts.
Guardianship Under Muslim Law

Under the Principles of Muhammadan Law, guardianship of a minor’s person and property is based on the welfare of the minor. A minor is defined as a person under 18 years of age.

When appointing a guardian, the court considers the child’s age, gender, suitability of the guardian, relationship with the minor, and the wishes of a deceased parent. If the child is mature enough, the court may also consider the child’s preference, provided it serves the child’s best interests.

Difference Between Guardianship and Custody

Guardianship
  • Grants legal authority over a minor’s person, property, or both.
  • A guardian manages the minor’s welfare and property.
  • Usually lasts until the minor turns 18 or is ended by the court.
  • Appointed or recognized by the court.
  • A guardian may manage the minor’s finances and property.
Custody
  • Focuses on the care and daily needs of the child, such as education and health.
  • A custodian is responsible for upbringing and day-to-day care only.
  • May be temporary or permanent, often linked to divorce or separation cases.
  • May be given to a parent automatically or decided by a Family Court.
  • A custodian has no right over the minor’s property unless also a legal guardian.

Essential Conditions for a Valid Divorce (Talaq)

Before starting the divorce process in Pakistan, the following conditions must be met for a valid Talaq:

  • Capacity: The husband must be a Muslim, of sound mind, and have reached puberty. A minor or a person of unsound mind cannot pronounce Talaq, except during a lucid interval.

  • Free Consent: The divorce must be given willingly, without pressure, force, or undue influence. Under Hanafi law, Talaq given during voluntary intoxication may still be considered valid.

  • Formalities: Talaq may be given verbally or in writing if the intention to end the marriage is clear. Under Shia law, Talaq must be pronounced orally in the presence of two witnesses.

  • Clear Intention: The words used must clearly show the husband’s intention to end the marriage. If the words are unclear, the intention must be proven.

How to Obtain a Guardianship Certificate in Pakistan

A guardianship certificate can be obtained from the Guardian Court or the Family Court, both of which have legal authority to issue it.

Steps to Obtain a Guardianship Certificate

  • Filing the Case
    File an application or suit in the Guardian Court or Family Court of the area where the minor lives or usually resides.

  • Summons
    The court issues summons to the respondent/defendant to appear and submit a reply.

  • Reply or Ex-Parte Proceedings
    If the respondent contests the case, they file a reply. If they do not appear, the court may proceed ex-parte (one-sided).

  • Pre-Trial Reconciliation (Family Court Cases)
    In Family Court matters, the court may allow parties an opportunity to resolve the issue amicably.

  • Evidence
    Both parties submit affidavits and supporting documents. Oral and documentary evidence may be recorded.

  • Judgment
    After hearing final arguments, the court issues its judgment. The court may require a surety bond or personal guarantee.

  • Issuance of Certificate
    Once court requirements are fulfilled, the guardianship certificate is issued.

Documents Required for Guardianship Certificate

  • CNIC (Pakistani) or Passport (Overseas/Foreign nationals)

  • Child’s birth certificate (proof of relationship)

  • Marriage certificate/Nikahnama (if parent is applying)

  • Special Power of Attorney (for overseas applicants)

  • Any document showing that the minor’s welfare is best served by the applicant

Documents Required for Divorce in Pakistan

  • CNIC or Passport/Foreign ID

  • Nikahnama or Marriage Registration Certificate

  • Divorce deed on stamp paper

Guardian Certificate Sample
A sample guardianship certificate may be shown for reference only. It is not an official court document.
Permission to Take a Child Abroad

After obtaining the guardianship certificate, the guardian may apply to the same court for permission to take the minor abroad for education, travel, Umrah, or visits. The court may grant permission for a fixed period or without a time limit and may require an additional surety bond.

Guardianship of an Adopted Child

In Pakistan, adoptive parents must obtain a guardianship certificate from the Family Court or Guardian Court to legally care for an adopted child. This certificate grants legal authority over the child’s welfare and related matters.

How to Get Guardianship Without Going to Court

If a person is unable to appear in court, whether due to living abroad or other valid reasons, they can apply for a guardianship certificate through a Special Power of Attorney.

The person seeking guardianship may appoint an agent or attorney to represent them in court. If the power of attorney is executed outside Pakistan, it must be attested by the relevant embassy or consulate. If executed in Pakistan, it must be prepared on proper stamp paper.

The court may record evidence through the e-court system, including video calls such as Skype. This allows a person to obtain a guardianship certificate without appearing in court personally.

Divorce Law in Pakistan During Pregnancy

If a wife is pregnant at the time of Talaq, the divorce does not become effective immediately. Under Pakistani law, the divorce takes effect after 90 days or after the delivery of the child, whichever occurs later.

How Moiz Law Firm Can Assist You

The information provided on this website is for general awareness only and does not constitute legal advice. Laws and procedures may vary depending on individual circumstances.

For personalized legal guidance or assistance, you are encouraged to contact Moiz Law Firm. Our experienced family lawyers are available to provide clear advice and tailored legal solutions based on your specific situation.

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We carefully review your legal issue and plan the best strategy based on your situation and legal requirements.

Our lawyers analyze all facts, documents, and legal options to build a strong and effective case.

We prepare and file your case with the relevant court and represent you professionally throughout the legal process.
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