The cornerstone of any guardianship decision is the welfare of the child. Courts give top priority to what is in the best interest of the minor, weighing all circumstances carefully. Although Islamic principles play an important role—especially in family matters—the judiciary often adopts a balanced approach, combining religious values with contemporary legal interpretations. Generally, biological parents are presumed to be the natural guardians, but in their absence, the court may choose a close relative or another competent individual as guardian.
lex.com.pk/family-law/visitation-rights-...n-custodial-parents/
The guardianship framework in Pakistan is established under the Guardian and Wards Act of 1890, which sets out the legal procedures for appointing guardians to care for minors. This law is implemented nationwide and empowers family courts to assign guardianship in situations where parents are deceased, unfit, or involved in custody-related legal battles. Guardianship in Pakistan is broadly divided into two types: guardianship of the person and guardianship of property. The first involves responsibility for a child’s upbringing, including their education, healthcare, and overall welfare. The second type pertains to managing the child’s financial assets and property until they reach adulthood.
The cornerstone of any guardianship decision is the welfare of the child. Courts give top priority to what is in the best interest of the minor, weighing all circumstances carefully. Although Islamic principles play an important role—especially in family matters—the judiciary often adopts a balanced approach, combining religious values with contemporary legal interpretations. Generally, biological parents are presumed to be the natural guardians, but in their absence, the court may choose a close relative or another competent individual as guardian.
