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Showing posts from February, 2025

What is the process for transferring guardianship in Pakistan?

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  Introduction Guardianship Certificate in Pakistan  involves the legal responsibility of caring for a minor or an incapacitated person, including managing their personal, financial, and legal matters . The transfer of guardianship can occur for several reasons, including death of a parent, incapacity, divorce, remarriage, or when the child’s welfare demands it . The process is governed by a blend of Islamic principles and statutory laws , primarily under the Guardians and Wards Act, 1890 , and is executed through Family Courts . This article outlines the legal procedure, requirements, and key considerations involved in transferring guardianship in Pakistan , with insights into the role of the courts, required documentation, and the best interest of the child . 1. Legal Framework for Guardianship in Pakistan A. Guardians and Wards Act, 1890 The Guardians and Wards Act, 1890 is the primary legislation governing guardianship in Pakistan. It provides a comprehensive framework...

What are the legal implications of a Guardianship Certificate in Pakistan?

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  Legal Implications of a Guardianship Certificate in Pakistan A    Guardianship Certificate in Pakistan  is a legal document issued by a Family Court in Pakistan, granting an individual the authority to act as the legal guardian of a minor. This certificate is essential in situations where a child requires a responsible adult to make decisions regarding their welfare, education, financial matters, and overall upbringing. The legal framework governing guardianship in Pakistan is primarily based on the Guardian and Wards Act, 1890 , which outlines the rights, duties, and legal implications associated with guardianship. Understanding the Guardianship Certificate A Guardianship Certificate is issued by a Family Court upon the petition of a person who seeks legal guardianship of a minor. The court evaluates the best interests of the child before granting guardianship. This certificate is crucial for single parents, separated spouses, orphaned children, or any individual ...

What are the legal requirements for a second marriage for foreigners in Pakistan?

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Guardianship Certificate in Pakistan    is regulated by a combination of Islamic law , statutory law , and customary practices . Foreigners wishing to enter into a second marriage in Pakistan must adhere to the country’s legal requirements, which vary based on religion, nationality, and personal status . This essay explores the legal framework governing second marriages for foreigners, including the requirements, procedural formalities, and potential challenges. Legal Framework Governing Second Marriages in Pakistan 1. Application of Personal and National Laws Foreigners in Pakistan are subject to both Pakistani family laws and the marriage laws of their home country . This means that a second marriage must comply with: Pakistani law (if the marriage is solemnized in Pakistan). The foreigner’s national law (which may have different conditions for polygamy or remarriage). For instance, if a foreigner’s home country prohibits polygamy, they may face difficulties registering a...