As per Lawkidunya, The Guardians and Wards Act, 1890 in Pakistan provides certain rights to wards (minors or incapacitated persons) to appeal against decisions made by their guardians or the court. Here are some key aspects:
Rights of Wards to Appeal
1. Appeal against Guardian’s Decisions: Wards have the right to appeal against decisions made by their guardians, such as decisions regarding their education, healthcare, or property.
2. Appeal against Court Orders: Wards have the right to appeal against court orders, such as orders appointing or removing a guardian.
3. Right to be Heard: Wards have the right to be heard in court and to present their views and opinions on matters affecting them.
Grounds for Appeal
1. Unfitness of Guardian: Wards can appeal if they believe their guardian is unfit to manage their affairs.
2. Mismanagement of Property: Wards can appeal if they believe their guardian has mismanaged their property.
3. Failure to Provide Necessities: Wards can appeal if they believe their guardian has failed to provide them with necessities, such as food, clothing, or shelter.
Procedure for Appeal
1. Notice of Appeal: Wards must give notice of appeal to the court within a specified time period (usually 30 days).
2. Grounds of Appeal: Wards must specify the grounds of appeal in their notice.
3. Hearing: The court will hear the appeal and make a decision.
Remedies on Appeal
1. Removal of Guardian: The court can remove the guardian if it finds them unfit or guilty of mismanagement.
2. Appointment of New Guardian: The court can appoint a new guardian if necessary.
3. Orders for Property Management: The court can make orders regarding the management of the ward’s property.