In Pakistan, when a child loses their parents or needs someone to look after them legally, a guardian can be appointed by the court.
This process is done through a petition under Section 7 of the Guardian and Wards Act, 1890.
This law helps protect children by giving them a responsible person to care for their needs, manage their property (if any), and make important life decisions.
What is Section 7 of the Guardian and Wards Act, 1890?
Section 7 allows any person to apply to the court to be appointed as the legal guardian of a minor (a child under 18 years of age).
The petition can be filed for guardianship of the child’s person (to take care of the child), property (to manage the child’s belongings or inheritance), or both.
The most important thing the court considers is the welfare of the child.
This means the court will decide what is best for the child’s health, education, emotional support, and overall well-being.
Who Can File the Petition?
Anyone who has a close relationship with the minor and truly cares about their well-being can apply. This could be:
- A blood relative like a mother, father, uncle, or aunt
- A close family friend who has looked after the child
- In some cases, even the minor (if they are old enough to understand) can request the court to appoint a guardian
- The district officer (Collector) may also file a petition if no one else steps forward
How to File a Guardianship Petition
Filing a petition under Section 7 involves a few legal steps. Here’s how it usually works:
1. Preparing the Application
The person applying must write a proper application with details like the minor’s age, name, current situation, and their own relationship with the child.
The application should clearly explain why the child needs a guardian and why the applicant is suitable for this responsibility.
2. Filing in the Court
The petition is filed in the Guardian Court of the city or district where the minor lives.
3. Court Hearing
The court sets a hearing date.
During the hearing, both sides can present their arguments. The judge may ask for evidence, documents, or witnesses to prove who is best suited to be the guardian.
4. Guardian Certificate:
If the court is satisfied, it will issue a Guardianship Certificate, officially giving the applicant the legal right to act as guardian.
Need help becoming a child’s legal guardian in Pakistan? Contact our experienced family lawyers or call us at +92 333 7703712 today for expert legal guidance and quick support in court.
What the Court Considers Before Appointing a Guardian
The judge will examine many factors to ensure the guardian is a good choice. These include:
- The child’s age, religion, and gender
- The relationship between the child and the applicant
- The financial situation, character, and lifestyle of the person applying
- Whether the guardian can provide proper education and a safe living environment
- The wishes of the child, if they are mature enough to express them
- The wishes of the deceased parents, if known
The court always puts the child’s best interest first, not just the legal or emotional claims of the petitioner.
Why is a Guardian Important?
In many situations, guardianship becomes necessary:
- When both parents have passed away
- When the parents are separated or divorced, and one parent is unfit or unwilling to care for the child
- When a child has inherited property or wealth that needs to be managed properly
Having a court-appointed guardian ensures the child’s life remains stable. The guardian can enroll the child in school, take care of their medical needs, and protect their property or money until they become adults.
Here, read a full guide on Guardian and Wards Act, 1890
Can a Guardian Be Removed?
Yes. If the guardian fails to take care of the child properly, or if they misuse the child’s property or behave irresponsibly, the court has the power to cancel the guardianship and appoint someone else.
Conclusion
Filing a petition under Section 7 of the Guardian and Wards Act, 1890, is a legal way to ensure that a child who needs support is protected and guided by a responsible adult.
If you are caring for a child and want to become their legal guardian, this law gives you the legal pathway to do so.
Always remember, the court’s main concern is the welfare of the minor, and all decisions are made keeping that in mind.
Need help becoming a child’s legal guardian in Pakistan? Contact our experienced family lawyers or call us at +92 333 7703712 today for expert legal guidance and quick support in court.
