SAMPLE / SPECIMEN APPLICATION UNDER SECTIONS 29 AND 30 OF THE MENTAL HEALTH ORDINANCE, 2001 FOR APPOINTMENT OF GUARDIAN FOR PERSON AND PROPERTY OF MENTALLY ILL OR DISABLED PERSON
IN THE COURT OF LEARNED DISTRICT & SESSIONS JUDGE / GUARDIAN JUDGE, RAWALPINDI
(Under Sections 29 & 30 of the Mental Health Ordinance, 2001 read with Guardians and Wards Act, 1890)
Guardian Petition No. _______/2025
In the matter of appointment of guardian of person and property of
_________S/O ____________
(Presently mentally incapacitated and bedridden)
ABC
D/O XYZ,
R/O House No. ______, Street 1B, Block-C, Sector-06, Airport Housing Society,
Raja Zameer Road, Nearby Malik Associate, Rawalpindi.
…Petitioner
Versus
Public at Large
…Respondent
APPLICATION UNDER SECTIONS 29 AND 30 OF THE MENTAL HEALTH ORDINANCE, 2001 FOR APPOINTMENT OF GUARDIAN FOR PERSON AND PROPERTY OF MENTALLY ILL PERSON
Respectfully Sheweth:
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That the petitioner, __________, is the unmarried daughter of _________ S/O ___________, who is suffering from severe mental and physical illness, is completely bedridden, unable to speak, comprehend, or carry out even the most basic daily activities. He is totally dependent on others for survival.
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That ____________ is a retired Civil Carpenter from Atomic Energy and has been receiving a pension since his retirement in August 2005. His current physical and mental health condition makes him wholly incapable of managing his own affairs.
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That the ward’s physical and mental condition is such that he cannot communicate, move, recognize people, or make any decisions regarding his person or property. He has lost mental capacity and is not in a position to execute any document, verify his identity biometrically, or personally appear anywhere.
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That a medical certificate issued by a qualified doctor confirms the ward’s severe mental and physical condition and his permanent incapacitation. (Copy of Medical Certificate is annexed herewith as Annexure “A”.)
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That due to his condition, it has become necessary for someone to be legally authorized to manage his person and financial matters, including withdrawal of pension and payment of medical expenses, utility bills, and other necessary expenditures.
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That the petitioner, being his unmarried daughter and living with him, has been constantly taking care of her father and is best suited for being appointed as the guardian of both his person and property.
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That the other legal heirs of the ward, including siblings of the petitioner, have no objection to the appointment of the petitioner as guardian, and they acknowledge her devotion and care towards the ward. (Affidavits of no objection will be submitted at the time of hearing if required.)
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That the cause of action accrued within the territorial jurisdiction of this Honorable Court as the ward and petitioner are residing in Rawalpindi. Therefore, this Honorable Court is competent to entertain and adjudicate upon this petition.
PRAYER
In view of the above, it is most respectfully prayed that this Honorable Court may kindly be pleased to:
a) Appoint the petitioner, ABC, as the legal guardian of the person and property of her mentally incapacitated father, XYZ, under Sections 29 and 30 of the Mental Health Ordinance, 2001 and enabling provisions of the Guardians and Wards Act, 1890;
b) Allow the petitioner to manage all matters related to his pension, property, medical care, and other financial/legal affairs for his well-being;
c) Pass any other relief deemed just and appropriate in the circumstances of the case.
…Petitioner
Through Counsel:
Asadullah Hassan Hashmi
Advocate High Court
LLM-ITL (Medalist)
Chamber: Ground Floor, Office No. 4, Block -D. 7, FGEHA. Apartments, Opposite Federal Judicial Complex, Sector G-11/4, Islamabad.
VERIFICATION
Verified on oath at Rawalpindi this ___ day of May, 2025 that the contents of this petition are true and correct to the best of my knowledge and belief and nothing material has been concealed.
…Petitioner/Deponent
AFFIDAVIT
I, ABC. D/O XYZ, R/O House No. ______, Street 1B, Block-C, Sector-_____, Airport Housing Society, Rawalpindi, do hereby solemnly affirm and declare that the contents of the above petition are true and correct to the best of my knowledge and belief.
Deponent
(Signature & Thumb Impression)
Verified on oath at Rawalpindi on this ___ day of May 2025 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed.
Deponent
