PETITION FOR APPOINTMENT OF GUARDIAN OF A MINOR
APPLICATION FOR THE APPOINTMENT OF A GUARDIAN
When application u/s 25 is filled?
Usually, application u/s 25 of guardian and wards act 1890 is filled for the appointment of a guardian when the marriage between husband and wife comes to an end means divorce or the wife leaves the house of her husband and vice-versa with her children without the permission of her husband.
Why is application u/s 25 useful?
Application u/s 25 of guardian and wards act 1890 is useful to appoint a guardian for the minor when he owns a property but cannot handle it properly due to his age. If the minor does not have his parents, the relatives from the father or mother's side also apply to the court for a guardianship appointment.
The procedure of court:
All proceedings relating to the appointment of a guardian should be made under the provisions of the Guardian and ward act 1890.
The Court while exercising the jurisdiction for the appointment of a guardian under such application must make sure that application should be made where the minor ordinarily resides.
When it is anticipated that the minor will be moved from one place to another or in another country.
The applicant can also file this application for custody of the child of stay to not move the minor before the court's permission.
All proceedings relating to the appointment of a guardian should be made under the provisions of the guardian and wards act 1890.
The court while exercising the jurisdiction for the appointment of a guardian under application u/s 25 of the guardian and wards act must make sure that the application should be made where the minor ordinarily resides.
When the application for an appointment of a guardian can be filled?
Sec.25 of the Guardian and Wards Act is invoked when custody of a minor from his rightful guardian is removed.
In that case, the court has the power to restore the custody of a minor or arrest the minor if he willfully leaves the custody of the guardian.
Along with the application, u/s 25 of the GWA the application under sec.12 of the guardian and wards act 1890 is also moved to get an interlocutory order from the court.
When it is anticipated that the minor will be moved from one place to another or in another country.
The applicant can also file this application for custody of the child of stay to not move the minor prior to the court's permission.
How to Get Guardian Certificate in Pakistan:
The mother or father whomsoever has custody of a minor child can get a guardianship certificate in Pakistan. He appears from the opposite side. The court will record evidence.
For evidence, you should take along one relative or friend as a witness.
After the court records the evidence it will issue a guardianship certificate to you.
Necessary Documents for Guardian Certificate :
Following documents are essential for the file of application for guardianship
i. Birth registration certificate of the minor
ii. Education record of the minor if any
iii. CNIC of applicant
iv. Legal proof of relation with minor
v. Registered marriage certificate
What matters would be considered by the court in appointing a guardian?
The court must take into consideration age, sex, religion, character of the guardian, wishes of the minor, and his deceased parent at the time of appointment of a guardian.