CUSTODY OF MINOR, GUARDIAN AND WARD, KINDS OF GUARDIAN, WHO CAN BE GURDIAN OF PERSON, PERSON WHO CAN APPLY FOR APPOINTMENT OF GUARDIAN

 

CUSTODY LAW IN PAKISTAN

CUSTODY OF MINOR

GUARDIAN AND WARD

KINDS OF GUARDIAN

INTRODUCTION:

In Muslim Law, as in almost every system of law, the father is the natural guardian of the person and property of his minor child. The mother and other female relatives of the minor have, however, been given certain rights of custody known as Hizanat.

Under the Hanafi Law, the mother is not entitled to the custody of a male child until he attains the age of seven years and of a female child until puberty. During the period that the child is in the custody of the mother or other female relatives, the father’s supervision of the child continues, as the burden of providing maintenance rests exclusively on the father. In other words, the father remains in constructive and legal custody of the child even though its physical or actual custody rests with the mother or other female relatives.

GUARDIAN

A “Guardian” is defined as any person who has the care of the person of a minor and in this sense, even a mother, who has only custody of the child is its guardian.

WARD

“Ward” means a minor for whose person or property or both there is the guardian.

KINDS OF GUARDIAN

1.   NATURAL GUARDIAN

On the death of the father of a minor mother becomes natural as well as legal guardian of the minor.

2.   De facto guardian

De facto guardian has no power to transfer any right or interest of immovable property of the minor.

The following persons are entitled in the order mentioned below to be the guardian of the property of a minor:

i.                  The father

ii.               The executor appointed by the father’s will;

iii.            The father’s father

iv.             The executor appointed by the will of the father’s father

De facto guardian is merely a custodian of the person and property of the minor and has no power to transfer any right or interest in the immovable property of the minor.

3.       Testamentary guardians

4.        Certificated guardian

     PERSONS WHO CAN APPLY FOR APPOINTMENT OF
        GUARDIAN

1.   Person who wishes to be appointed or a person claiming to be the guardian of the minor.

2.   Any relative or friend of the minor

3.   The collector of the district or another local area within which  the minor ordinarily resides or which he has property or

4.   The collector has the authority concerning the class to which the minor belongs.

For the appointment of guardian Age, Sex, Religion, Capacity, kinship, wishes of a minor, personal law of the minor, wishes of the deceased parents of the minor, and character of the guardian to be considered

          WHO CAN BE THE GUARDIAN OF A PERSON

          Under Hanafi law in the case of a son below seven years of                age and of a daughter below the age of puberty following                  persons are entitled to the custody

1.   Mother

2.   Mother’s mother how high -so-ever

3.   Father’s mother how high-so-ever

4.   Full sister

5.   Uterine mother

6.   Consanguine sister full sister’s daughter

7.   Uterine sister’s daughters

8.   Maternal aunts

9.   Paternal aunts

10.         Paternal aunts of mother and father

In absence of them following female paternal relation shall have entitlement

1.   Father

2.   Paternal grandfather

3.   Full brother

4.   Consanguine brother

5.   Full brother’s son

6.   Consanguine brother’s son

7.   Full paternal uncle

8.   Consanguine paternal uncle

9.   Full paternal uncle’s son

10.                     Consanguine paternal son

In the absence of them following relatives shall have entitlement:

i.                  Uterine brother

ii.               Uterine brother’s son

iii.            Father’s uterine brother

iv.             Maternal uncle

v.                Mother’s uterine brother

law and learning by Nasra ikram

I am an attorney in Pakistan, Practicing law since 2009 and M.A Political Science. I’m a dedicated and experienced lawyer offering my services to assist clients with drafting contracts, agreements, Will, Deed, Cease and Desist letter and others with understanding of complexities of legal requirements, intellectual property, review documents and legal consultation on all types of litigations i.e. Family, Civil, Banking and others I'm also freelancer at Upwork and Fiverr My others skills are: I. Content Writing II. Website Development III. Graphic Designing IV. Virtual Assistance V. Ecommerce VI. WordPress VII. Video Editing VIII. Autocade I'm also tutor and teaches LLB all subjects.

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