19/07/2026
نابالغان کی ذات، جائیداد اور وراثتی حقوق اور تقرری گارڈین کے حوالے سے وفاقی آئینی عدالت کی مفصل ہدایات
VVVVVVI. MUST READ JUDGEMENT.
Guidelines for observance by all Civil and Revenue Courts while dealing with proceedings affecting the person, property or inheritance rights of minors. These guidelines are intended to reinforce the statutory safeguards contained in the CPC, the Guardians and Wards Act, 1890, and the constitutional duty of the Courts, acting as parens patriae, to protect the rights and interests of minors:
(i) The Court shall, at the earliest stage of the proceedings, ascertain whether any party is a minor and ensure strict compliance with the mandatory provisions of Order ###II, CPC before taking any substantive step.
(ii) A guardian ad litem shall be appointed strictly in accordance with Order ###II, Rule 3, CPC, after satisfying the Court that the proposed guardian has no interest adverse to that of the minor.
(iii) No compromise, admission, concession, relinquishment or consent affecting the rights or property of a minor shall be accepted unless the Court is satisfied, for reasons to be recorded, that it is lawful and demonstrably in the best interests of the minor, and the requirements of Order ###II, Rule 7, CPC have been fully complied with.
(iv) Where the compromise involves the transfer, relinquishment or alienation of a minor's property or inheritance rights, the Court shall also ensure compliance with the Guardians and Wards Act, 1890, and obtain prior permission from the competent Guardian Court wherever required by law
(v) Where a compromise is entered into by or on behalf of an illiterate, parda nasheen or otherwise vulnerable person representing a minor, the Court shall subject the transaction to heightened judicial scrutiny before according its approval
(vi) The Court shall remain vigilant to ensure that no conflict of interest exists between the guardian and the minor and, if necessary, appoint another suitable guardian in accordance with law.
(vii) Proceedings affecting the proprietary or inheritance rights of minors shall not be disposed of in undue haste, and every order affecting such rights shall reflect the Court's independent application of mind to the welfare and best interests of the minor.
(viii) These safeguards are substantive in nature and shall be strictly observed, keeping in view the constitutional guarantees contained in Articles 4, 9, 23, 24, 25(3) and 35 of the Constitution, the doctrine of parens patriae, and the Injunctions of Islam relating to the protection of the property of minors and orphans.
These guidelines are intended to serve as guiding principles for all Civil and Revenue Courts while dealing with proceedings affecting the rights and property of minors. Their faithful observance would not only advance the constitutional mandate of protecting minorsbut would also strengthen public confidence in the administration of justice by ensuring that the rights of those under legal disability receive the highest degree of judicial protection.
C.P.L.A.30-L of 2025
Mst. Bushra Bibi Versus Additional District Judge, Bahawalnagar and others
09-07-2026
