Guardianship And Maintenance Of Minor Child:
Legally parents are natural guardians of the child and it is they who provide him with all necessary maintenance. However, when there is separation between the parents or when any one of them is dead then court may decide the guardian of the child. To reach such a decision of guardianship the court basically keeps in view the best interests of the child.
According to Sunni school of Islamic law in case of a male child up till the age of seven and in case of female child up till she attains puberty, mother has the right to guardianship. While, according to Shia’ law it is two years in the case of male child and seven years in the case of female child where mother has the superior right of guardianship over father. After elapse of this time period father can claim the guardianship of the child.
In case both the parents are dead or the have become incapacitated due to any reason or they have given up their right to maintain the minor children, the guardianship of the minor children devolve on to the following relationship with their respective superior right of guardianship;
1. Maternal grandmother, maternal great grandmother and so on.
2. Paternal grandmother, paternal great grandmother and so on.
3. Real sister, then step sister (from mother’s side), then step sister (from father’s side) and so on to their daughters.
4. Maternal aunty, paternal aunty and so on to their daughters.
5. Paternal grandfather, paternal great grandfather and so on.
6. Real brother, then step brother (from mother’s side) and then step brother (from father’s side)
7. Paternal uncle, then maternal uncle and so on to their sons.
Under section 25 of Guardian and Wards Act 1890, it is the competent court who can decide upon the issue of guardianship and the court would keep in view not only the best interests of the child but also may consider the statement of the child if he is mature enough.
All Rights Reserved. Copyright © Azeem M. Qazi Law Office.
Legally parents are natural guardians of the child and it is they who provide him with all necessary maintenance. However, when there is separation between the parents or when any one of them is dead then court may decide the guardian of the child. To reach such a decision of guardianship the court basically keeps in view the best interests of the child.
According to Sunni school of Islamic law in case of a male child up till the age of seven and in case of female child up till she attains puberty, mother has the right to guardianship. While, according to Shia’ law it is two years in the case of male child and seven years in the case of female child where mother has the superior right of guardianship over father. After elapse of this time period father can claim the guardianship of the child.
In case both the parents are dead or the have become incapacitated due to any reason or they have given up their right to maintain the minor children, the guardianship of the minor children devolve on to the following relationship with their respective superior right of guardianship;
1. Maternal grandmother, maternal great grandmother and so on.
2. Paternal grandmother, paternal great grandmother and so on.
3. Real sister, then step sister (from mother’s side), then step sister (from father’s side) and so on to their daughters.
4. Maternal aunty, paternal aunty and so on to their daughters.
5. Paternal grandfather, paternal great grandfather and so on.
6. Real brother, then step brother (from mother’s side) and then step brother (from father’s side)
7. Paternal uncle, then maternal uncle and so on to their sons.
Under section 25 of Guardian and Wards Act 1890, it is the competent court who can decide upon the issue of guardianship and the court would keep in view not only the best interests of the child but also may consider the statement of the child if he is mature enough.
All Rights Reserved. Copyright © Azeem M. Qazi Law Office.