Guardians and Wards Act, 1890 — Section 11: Procedure on admission of application

11. Procedure on admission of application.—(1) If the Court is satisfied that there is ground for proceeding on the application, it shall fix a day for the hearing thereof and cause notice of the application and of the date fixed for the hearing

(a)to be served in the manner directed in the 1[Code of Civil Procedure, 1908], (Act V of 1908) on

(i)the parents of the minor if they are residing in 2[Pakistan],

(ii)the person, if any, named in the petition or letter as having the custody or possession of the person or property of the minor,

(iii)the person proposed in the application letter to be appointed or declared guardian, unless that person is himself the applicant, and

(iv)any other person to whom, in the opinion of the Court, special notice of the application should be given; and

(b)to be posted on some conspicuous part of the courthouse, and of the residence of the minor, and otherwise published in such manner as the Court, subject to any rules made by the High Court under this Act, thinks fit.

(2)The 3[Provincial Government] may, by general or special order, require that, when any part of the property described in a petition under section 10, sub-section (1), is land of which a Court of Wards could assume the superintendence, the Court shall also cause a notice as aforesaid to be served on the Collector in whose district the minor ordinarily resides, and on every Collector in whose district any portion of the land is situate, and the Collector may cause the notice to be published in any manner he deems fit.

(3)No charge shall be made by the Court or the Collector for the service or publication of any notice served or published under sub-section (2). 12. Power to make interlocutory order of production of minor and interim protection of person and property.—(1) The Court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.

(2)If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.

(3)Nothing in this section shall authorise

(a)the Court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any,

(b)any person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.