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SAIMA NAZIR vs GUARDIAN JUDGE (IV), LAHORE S — 2023 PLD 433 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLD 433 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
SAIMA NAZIR vs GUARDIAN JUDGE (IV), LAHORE S
Subject matter
Civil
Provisions referred to
S. 5; S. 29; Mental Health Ordinance (VIII of 2001); Mental Health Ordinance; Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAIMA NAZIR VS GUARDIAN JUDGE (IV), LAHORE S. 5, Sched.---Mental Health Ordinance (VIII of 2001), Ss. 29, 30, 31, 32, 33 & 60---Jurisdiction of Family Court---Judicial proceedings for appointment of guardian of mentally disordered person---Custody of minors---Scope---No doubt Ss. 32 & 33 of the Mental Health Ordinance, 2001, vest authority in the Court of Protection for the appointment of guardian of a mentally disordered person who is incapable of taking care of himself or the manager of his property when he is incapable of managing his property, however, judicial proceedings in that regard are governed by the provisions of Ss. 29 to 31---Requirements of possession of property by the person alleged to be mentally disordered and consent in writing of the Advocate General Punjab prescribed in S. 29 are mandatory prerequisites for judicial proceedings qua appointment of guardian and/or manager under the Mental Health Ordinance, 2001, whereas none of that is required for the assumption and exercise of jurisdiction by the Family Court under the Family Courts Act, 1964, since no minor can be left without a guardian and custodian.

Other judgments reported in 2023 PLD

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