How to Write an Affidavit for Guardianship in Pakistan?

How to Write an Affidavit for Guardianship in Pakistan

In Guardianship Certificate in Pakistan, is a legal relationship established between an adult (usually a parent or close relative) and a minor or person incapable of managing their affairs. This legal status is granted by a Guardian Court under the Guardians and Wards Act, 1890. One of the most important documents submitted during the guardianship application is an Affidavit for Guardianship. This sworn statement is meant to demonstrate the petitioner’s eligibility, relationship with the minor, and commitment to their care and welfare.

This article explains the purpose, structure, and content of an affidavit for guardianship in Pakistan and guides how to write one effectively.

1. Purpose of the Guardianship Affidavit

An affidavit is a sworn legal statement made under oath and signed by the deponent (the person making the statement), usually in the presence of an Oath Commissioner or Notary Public. In the context of guardianship, it serves the following purposes:

• To establish the petitioner’s relationship with the minor.

• To confirm the minor’s age, residence, and dependency.

• To provide information on the absence, death, or incapacity of natural guardians (if applicable).

• To assure the court that the petitioner is fit and willing to act in the best interest of the minor.

• To state that the petitioner has no adverse interest against the minor.

This affidavit supports the guardianship petition and helps the court evaluate the case for the Guardianship Certificate.

2. Where to Submit the Affidavit

The affidavit is filed as part of the Guardianship Petition in the Guardian Court (usually the Family Court presided by a Civil Judge) of the district where the minor resides or where their property is located. It must be properly attested and stamped according to legal requirements.

3. Format and Structure of the Guardianship Affidavit

Although no single format is universally required, affidavits in Pakistan follow a standard legal structure. Below is a suggested format for a Guardianship Affidavit:

Sample Format of Affidavit for Guardianship

AFFIDAVIT

I, [Full Name of Petitioner], son/daughter/wife of [Father/Husband’s Name], resident of [Full Address], bearing CNIC No. [__________], do hereby solemnly affirm and declare as under:

1. That I am the [relation, e.g., mother/father/paternal uncle] of the minor child named [Minor’s Full Name], aged [___] years, currently residing with me at the above-mentioned address.

2. That the minor is dependent upon me for his/her education, maintenance, healthcare, and overall well-being.

3. That the minor’s father/mother [mention if alive, deceased, or absent], and therefore I am seeking legal guardianship of the person/property of the minor under the Guardians and Wards Act, 1890.

4. That I have no personal interest adverse to the interest of the minor.

5. That I am financially and morally capable of discharging my responsibilities as guardian and will act in the best interest of the minor at all times.

6. That no other guardianship application regarding the said minor is pending or decided in any court of law.

7. That this affidavit is being submitted in support of my guardianship petition filed before the Honorable Guardian Court, [District/City].

8. That all the above facts are true and correct to the best of my knowledge and belief.

DEPONENT
(Signature)

Verified on oath at [City] on this [Date] day of [Month], [Year] that the contents of this affidavit are true and correct to the best of my knowledge and belief.

DEPONENT
(Signature)

4. Points to Consider When Writing the Affidavit

When preparing the affidavit, keep in mind the following best practices:

• Clarity and Accuracy: Clearly mention your relationship with the minor and provide accurate personal and identification details.

• Truthfulness: All statements must be honest and factually correct. Submitting a false affidavit is a punishable offense under Pakistani law.

• Avoid Legal Jargon: While legal language may be required, avoid unnecessary complexity. The affidavit should be understandable to both the court and any opposing party.

• Attach Supporting Documents:  Guardianship Certificate Include copies of the child’s birth certificate, CNIC/B-Form, proof of residence, and any death certificate or legal order related to the natural guardian (if applicable).

• Notarization: The affidavit must be sworn before an Oath Commissioner, Notary Public, or Magistrate and should carry an official stamp and signature.

• Stamp Paper: Use a judicial stamp paper (usually of Rs. 100 or Rs. 200, depending on the district) for executing the affidavit.

5. Why the Affidavit Matters

The affidavit acts as a legally binding assurance to the court. Judges use it to evaluate:

• The credibility of the petitioner.

• Whether the petitioner is fit and proper to act as a guardian.

• Whether there are conflicting claims or prior cases.

• The overall welfare of the child.

In many cases, if the affidavit is poorly written or lacks important facts, the court may delay or even reject the guardianship application.

6. Conclusion

Writing an affidavit for guardianship in Pakistan is a vital step in the legal process of becoming a court-appointed guardian. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. It must be clear, factual, and fully compliant with the legal requirements. As the document plays a key role in influencing the court’s decision, care should be taken to draft it properly, with the assistance of a lawyer if necessary. With a well-written affidavit and supporting documents, petitioners can significantly strengthen their case and obtain legal guardianship to ensure the welfare and protection of the minor under their care.