Procedure in cases of Guardian Cases

Guardian Cases are slightly different from Family Cases as they involve the matters regarding minors mostly. Guardian Cases are usually of following types:-

- Interim Custody of Minor (Section 12)
- Permanent Custody of Minor (Section 25)
- Maintenance of Minor (Schedule 2)
- Guardianship of Person and Property of Minor (Section 7 & 17)
- Habeaus Corpus (491 Crpc)
- Illegal Detention (Section 100 PPC)
- Joint Custody (Section 15)
- Visitation Petition (Section 12)

All the above cases are generally filed through petitions. Procedure of Family Courts under the West Pakistan Family Courts Act 1964 and West Pakistan Family Courts Rules 1965 is applicable. The following steps are part of the procedure:-

1. Petition Filing
2. Reply
3. Reconciliation Proceedings
4. Framing of Issues
5. Evidence of Petitioner and Cross Examination
6. Evidence of Respondent and Cross Examination
7. Final Arguments
8. Order and Judgment

If any petition is filed or decided in between proceedings, the interim order is never appealable or revisionable. However, it can be assailed through Writ Petition under article 199.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Child Custody and Guardian Lawyer
+92-333-5339880

Jurisdiction in case of child custody matters

Child custody matters are filed in the guardian courts.. However if a person files a family suit in the family court, he/she has remedy to file visitation petition in the family court during the pendency of family suit.

When it comes to the question of place of suing in case of guardian cases then they are filed where the child resides. They have nothing to do with the place of residence of parents.

When it comes to the law of guardianship, custody matters and all petitions related to guardianship are filed under the Guardians and Wards Act, 1890..

If you wish to consult any matter related with custody matters you can write internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Custody Lawyer
+92-333-5339880