Here is the court procedure for Guardianship and Wards Act cases in Pakistan:
Pre-Trial Procedure
1. Filing of Petition: A petition is filed by the applicant under Section 7 of the Guardianship and Wards Act, 1890, before the District Court or Family Court.
2. Notice to Parties: A notice is served to all parties concerned, including the minor’s relatives and any existing guardians.
3. Investigation: The court may order an investigation to determine the suitability of the applicant as guardian.
Trial Procedure
1. Hearing: The court hears the petition and examines the applicant’s suitability as guardian.
2. Evidence: The parties present evidence to support their claims.
3. Arguments: The parties’ lawyers present arguments to the court.
4. Interim Orders: The court may pass interim orders, such as appointing a temporary guardian.
Post-Trial Procedure
1. Final Order: If the court is satisfied with the applicant’s suitability, it passes a final order appointing the guardian.
2. Issuance of Guardianship Certificate: The court issues a guardianship certificate, which serves as proof of the guardian’s authority.
3. Filing of Accounts: The guardian must file regular accounts of the minor’s property and finances.
4. Reporting to Court: The guardian must report to the court on the minor’s welfare and property management.
Appeal Procedure
1. Filing of Appeal: A party aggrieved by the court’s decision may file an appeal before the High Court.
2. Notice to Parties: A notice is served to all parties concerned.
3. Hearing: The High Court hears the appeal and examines the evidence.
4. Final Order: The High Court passes a final order, which is binding on all parties.
Timeline
1. Filing of Petition: 1-3 days
2. Court Hearing: 1-6 months
3. Investigation: 1-3 months
4. Appointment of Guardian: 1-6 months
5. Issuance of Guardianship Certificate: 1-7 days
Note: The procedure may vary depending on the specific circumstances of the case and the court’s discretion. It is recommended to consult a lawyer specializing in family law for guidance on the specific requirements and procedure.