Big Relief for Minor Children: Constitutional Court Makes Guardian Mandatory in Court Cases
The Constitutional Court has ruled that a guardian must be appointed in all cases involving minors, while compromises concerning minors, elderly persons, and women in seclusion will require judicial scrutiny before approval.
Islamabad: In a landmark judgment aimed at strengthening the legal protection of vulnerable individuals, the Constitutional Court has made it mandatory for courts to appoint a guardian in all cases involving minor children.
The court held that, at the very outset of legal proceedings, it must be determined whether any party to the case is a minor. It ruled that no decision should be made without ensuring the protection of a minor’s legal rights.
According to the judgment, the appointed guardian must have no personal interest in the dispute. The court further directed that compromises in cases involving minors, elderly persons, and women in seclusion (pardanashin women) will only be accepted after thorough judicial scrutiny.
The Constitutional Court also observed that courts should avoid unnecessary haste in property disputes involving minors to ensure their interests are fully safeguarded.
Setting aside a Lahore High Court judgment in the case, the Constitutional Court restored the matter to the trial court and directed it to proceed in accordance with the law.
The case had challenged a civil court decision based on a compromise, with the petitioner arguing that the rights of minor children had not been adequately protected during the proceedings.
