Affidavit of Guardianship (Pakistan)

An Affidavit of Guardianship in Pakistan formalises the family arrangement between the parties, fixing their respective duties and entitlements.

The Guardians and Wards Act 1890, a federal statute applicable throughout Pakistan, establishes the legal framework for guardianship of minors. Section 4 of the Guardians and Wards Act 1890 defines a 'guardian' as a person having the care of the person of a minor or of his property, or of both his person and property. Section 6 of the Guardians and Wards Act 1890 identifies the classes of persons who may be appointed as guardians by the court. Section 7 empowers the District Court or Family Court to appoint a guardian where it considers such appointment to be for the welfare of the minor. Section 17 directs the court to consider the welfare of the minor as the paramount consideration — a principle affirmed by the Supreme Court of Pakistan in numerous judgments.

The concept of guardianship in Pakistani law is shaped by both Islamic personal law and the statutory framework. Under Islamic personal law as applied by Pakistani courts under the West Pakistan Muslim Personal Law (Shariat) Application Act 1962, the father is the natural guardian (wali) of the person and property of his minor children. The mother has the right of custody (hizanat) of young children — boys until age 7 and girls until puberty — but the father remains the guardian in the legal sense. Upon the father's death, guardianship passes to the paternal grandfather and then to other male agnate relatives under the rules of wilayat. Non-Muslim communities are governed by their respective personal laws regarding natural guardianship.

The Affidavit of Guardianship functions as a sworn declaration of the guardian's status and authority for administrative purposes where a formal court order under the Guardians and Wards Act 1890 has not been obtained, or where a court order exists but a sworn affidavit is additionally required by a specific authority — NADRA, a school, a hospital, an airline, or a foreign embassy. The Qanun-e-Shahadat Order 1984, Article 164, provides that courts may direct facts to be proved by affidavit — and administrative bodies routinely accept sworn affidavits as evidence of guardianship for practical purposes.

Provincial child protection legislation — the Child Protection and Welfare Act 2010 (Punjab), Sindh Child Protection Authority Act 2011, KPK Child Protection and Welfare Commission Act 2010, and Balochistan's equivalent — imposes duties on guardians and on institutions receiving children to verify guardian authority, making the Affidavit of Guardianship a key documentary tool for child protection compliance across Pakistan's four provinces and the federal territories.

An Affidavit of Guardianship in Pakistan is required in a broad range of administrative, educational, medical, travel, and legal situations where a guardian must formally establish their authority over a minor child.

An Affidavit of Guardianship is needed when enrolling a minor child in a school — government or private — where the enrolling person is not the child's biological parent. Schools across Punjab, Sindh, KPK, and Balochistan require documentary proof of parental or guardianship authority. The affidavit, combined with the child's B-Form (NADRA), satisfies this requirement where a formal court guardianship order is not available.

An Affidavit of Guardianship is required when a guardian applies on behalf of a minor child for issuance or renewal of a Pakistan passport through the Directorate General of Immigration and Passports. The Passport Office requires documentary proof that the person applying for the minor's passport is the lawful guardian — particularly where the applicant is not the biological father (the natural guardian under Islamic personal law).

An Affidavit of Guardianship is needed when a minor child requires medical treatment at a hospital and the attending guardian — a grandparent, uncle, aunt, or elder sibling — must provide consent for treatment in the absence of the biological parents. Hospitals in Lahore, Karachi, Islamabad, and other cities require guardian authority documentation before proceeding with non-emergency procedures on minors.

An Affidavit of Guardianship is required when a minor child is permitted to travel internationally without their biological parents. Airlines operating from Pakistan's international airports (Allama Iqbal International Airport Lahore, Jinnah International Airport Karachi, New Islamabad International Airport) and the Federal Investigation Agency (FIA) immigration officers require documentation confirming the travel guardian's authority over the minor, alongside the minor's travel consent from absent parents.

An Affidavit of Guardianship is needed when a guardian applies to NADRA to update a minor child's B-Form or Family Registration Certificate, or to link the minor's records to the guardian's family identity, particularly where the guardian is not the registered parent in NADRA's database.

An Affidavit of Guardianship is required when a guardian seeks to open a bank account, apply for insurance, claim benefits, or manage property on behalf of a minor child under the Guardians and Wards Act 1890 — particularly where the financial institution or authority requires confirmation of the guardian's legal authority before accepting instructions on the minor's behalf.

An Affidavit of Guardianship is needed when a guardian applies to a foreign embassy or high commission in Islamabad, Karachi, or Lahore for a visa for a minor child in their care, particularly for student visas, dependent visas, or family reunion visas where the embassy requires proof of the guardian's legal relationship to the minor.

A valid Affidavit of Guardianship in Pakistan under the Qanun-e-Shahadat Order 1984, Oaths Act 1873, and Guardians and Wards Act 1890 must contain the following essential elements.

Stamp Paper: The affidavit must be executed on non-judicial stamp paper of the denomination required under the Stamp Act 1899 — typically PKR 50 to PKR 100 depending on the province (Punjab, Sindh, Khyber Pakhtunkhwa, or Balochistan) — purchased from a licensed vendor approved by the provincial Board of Revenue. The stamp paper serial number must be stated. An unstamped affidavit is inadmissible in evidence under Section 35 of the Stamp Act 1899.

Guardian's Identity: The full legal name of the guardian as stated on their NADRA CNIC (or NICOP for overseas Pakistani guardians), father's name, age, CNIC number (13-digit format: XXXXX-XXXXXXX-X), occupation, and residential address. The guardian's religion must be stated as it determines the applicable personal law governing guardianship.

Minor Child's Identity: The full name of the minor child, their NADRA B-Form number, date of birth, gender, and residential address. The child's current age must be stated to confirm they are a minor below 18 years under the Majority Act 1875. The names of the child's biological parents must be stated alongside the child's relationship to the guardian.

Basis of Guardianship: A clear statement of the legal or factual basis of the guardianship — whether the guardian is the natural guardian under Islamic personal law (the father or, in his absence, the paternal grandfather) under the West Pakistan Muslim Personal Law (Shariat) Application Act 1962; a court-appointed guardian under Section 7 of the Guardians and Wards Act 1890 (referencing the court order number and date); or a de facto guardian caring for the child due to the parents' death, incapacity, absence, or other circumstances. The affidavit must also state whether the biological parents are alive or deceased, and if deceased, confirm this with reference to a death certificate issued by NADRA or the Union Council.

Guardian's Duties Declaration: A statement of the guardian's responsibilities — providing for the minor's maintenance, education, healthcare, and general welfare; managing the minor's property (if any) as a trustee under Section 27 of the Guardians and Wards Act 1890; and acting in the minor's best interests in all decisions affecting the child, consistent with Article 35 of the Constitution of the Islamic Republic of Pakistan 1973.

Court Order Reference (if applicable): Where a guardianship order has been issued by a Family Court or District Court under Section 7 of the Guardians and Wards Act 1890, the affidavit must reference the order number, date of issue, and the name of the issuing court. The court order is stronger evidence of guardianship than an affidavit alone and should be submitted alongside the affidavit whenever available.

Verification Clause: The standard verification clause under the Oaths Act 1873: 'I, [guardian name], the deponent, do hereby solemnly swear/affirm that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed.' The oath is administered in accordance with the guardian's religion.

Perjury Warning: A statement confirming the guardian's awareness that false declarations constitute perjury under Section 193 of the Pakistan Penal Code 1860 (PPC), punishable by imprisonment of up to seven years and a fine.

Attestation: The affidavit must be attested by an Oath Commissioner appointed by the relevant High Court under Section 139 of the Code of Civil Procedure 1908, a First Class Judicial Magistrate, or a Notary Public commissioned under the Notaries Ordinance 1961. The attesting official signs, stamps, and dates the attestation.

Forms-legal.com provides this Affidavit of Guardianship (Pakistan) template as a practical tool for establishing guardianship authority for administrative purposes. Where guardianship is contested or where a formal court order is required by the receiving authority, guardians should petition the relevant Family Court or District Court under the Guardians and Wards Act 1890 with the assistance of an Advocate enrolled at the relevant provincial Bar Council.