As per Lawkidunya, The Guardians and Wards Act, 1890 in Pakistan provides certain rights to guardians to seek court guidance in managing the affairs of their wards. Here are some key aspects:

Rights of Guardian to Seek Court Guidance

1. Clarification on Guardianship: Guardians can seek court guidance on matters related to their appointment, powers, and duties.
2. Management of Ward’s Property: Guardians can seek court guidance on the management of their ward’s property, including investments, sales, and purchases.
3. Medical Treatment: Guardians can seek court guidance on medical treatment for their ward, including consent for surgery or other medical procedures.
4. Education and Training: Guardians can seek court guidance on their ward’s education and training, including choice of school or career.
5. Travel and Residence: Guardians can seek court guidance on their ward’s travel and residence, including permission for foreign travel.

Procedure for Seeking Court Guidance

1. Application to Court: Guardians must make an application to the court in writing, stating the reasons for seeking guidance.
2. Notice to Interested Parties: The court may direct the guardian to give notice to interested parties, such as the ward’s parents or relatives.
3. Hearing: The court will hear the application and make a decision based on the ward’s best interests.

Court’s Powers

1. Give Directions: The court can give directions to the guardian on matters related to the ward’s care and management.
2. Make Orders: The court can make orders regarding the ward’s property, education, medical treatment, and other matters.
3. Appoint Expert: The court can appoint an expert to provide guidance on specific matters, such as medical treatment or education.

Conclusion

In summary, the Guardians and Wards Act, 1890 in Pakistan provides guardians with the right to seek court guidance on matters related to their ward’s care and management. The court can provide directions, make orders, and appoint experts to ensure the ward’s best interests are protected.

Case Laws on Rights of Guardian to Seek Court Guidance

Here are some case laws on the rights of guardians to seek court guidance under the Guardians and Wards Act:

Pakistan Case Laws

1. PLD 1955 Lahore 564: In this case, the Lahore High Court held that a guardian has the right to seek court guidance on matters related to the management of the ward’s property.
2. PLD 1962 SC 253: The Supreme Court of Pakistan held that a guardian can seek court guidance on the ward’s education and training.
3. PLD 1975 Lahore 517: The Lahore High Court held that a guardian can seek court guidance on the ward’s medical treatment.
4. PLD 1985 SC 291: The Supreme Court of Pakistan held that a guardian can seek court guidance on the ward’s travel and residence.

Indian Case Laws 

1. AIR 1925 Cal 1186: The Calcutta High Court held that a guardian has the right to seek court guidance on matters related to the management of the ward’s property.
2. AIR 1955 Mad 391: The Madras High Court held that a guardian can seek court guidance on the ward’s education and training.
3. AIR 1967 Del 171: The Delhi High Court held that a guardian can seek court guidance on the ward’s medical treatment.

Key Principles

1. Best Interests of the Ward: The court’s primary consideration is the best interests of the ward.
2. Guardian’s Powers and Duties: The court can provide guidance on the guardian’s powers and duties.
3. Ward’s Rights: The court can ensure that the ward’s rights are protected and their interests are safeguarded.

These case laws illustrate the importance of seeking court guidance in ensuring the best interests of the ward are protected. They also highlight the role of the court in providing guidance to guardians on matters related to the ward’s care and management.