Guardianship Law in Pakistan

[JohnFlip]

Guardianship in Pakistan is governed by the Guardian and Wards Act of 1890,
https://lex.com.pk/
which provides the legal basis for appointing guardians for minors and individuals who are unable to manage their own affairs. This law outlines two main types of guardianship: guardianship of the person, which involves responsibility for a child's upbringing, education, health, and overall care; and guardianship of property, which relates to managing the financial and legal matters of the minor’s assets. Family courts in Pakistan have the authority to appoint guardians when natural guardians—usually parents—are deceased, absent, or considered unfit.

The central principle in all guardianship matters is the welfare of the minor. Courts prioritize the child’s best interests over all other considerations, including the wishes of parents or extended family members. Factors such as emotional stability, physical safety, financial security, and moral upbringing are assessed to determine the most suitable guardian. Although Islamic law plays a significant role in personal and family matters, courts often integrate religious principles with modern legal interpretations to ensure a balanced decision that serves justice and the child's well-being.

In typical cases, the father is recognized as the natural guardian of a child, while mothers are often granted physical custody—especially for younger children—under the concept of "hizanat." However, if a parent is deemed unfit due to reasons such as neglect, abuse, substance use, or inability to provide a stable home, the court can appoint another guardian in the best interest of the minor. A parent’s financial status alone is not considered a disqualifier; instead, the ability to provide love, care, and moral support is given more importance.