The FCC has issued detailed guidelines for civil and revenue courts dealing with property and inheritance disputes involving minors. The ruling aims to ensure that children’s legal rights are fully protected during court proceedings.
The judgment was issued by the Federal Constitutional Court in a 20-page decision authored by Chief Justice Aminuddin Khan. The court emphasized that judges must determine whether any party in a case is a minor before taking any important legal step.
According to the FCC, courts must strictly follow the provisions of Order XXXII of the Code of Civil Procedure (CPC), 1908, in all cases filed by or against minors. The court said these legal safeguards are mandatory and should be treated as guiding principles in every case involving the rights or property of children.
The ruling came while deciding a property dispute from Bahawalnagar. The case focused on whether proper legal protections were provided to minors when a compromise decree was recorded in the dispute.
The case was brought before the court after widow Bushra Bibi challenged the compromise decree under Section 12(2) of the CPC. She argued that some individuals involved in the agreement were minors and that their interests had not been properly protected.
Earlier, a revisional court had canceled the compromise decree and ordered a fresh trial. However, the Lahore High Court’s Bahawalpur Bench later overturned that decision. The matter was then appealed before the Federal Constitutional Court.
After reviewing the case, the FCC restored the revisional court’s earlier order. It also set aside the Lahore High Court’s judgment issued on December 11, 2024.
The court made it clear that judges must appoint a guardian for a minor only after confirming that the proposed guardian has no conflict of interest. This requirement is intended to ensure that the guardian can fairly represent the child’s interests.
The judgment also states that courts cannot approve any compromise involving a minor’s property or legal rights unless they are satisfied that the agreement is lawful and serves the child’s best interests.
In addition, judges must record their reasons before accepting such settlements. The ruling requires full compliance with Order XXXII, Rule 7 of the Code of Civil Procedure.
The court further directed that when a compromise affects a minor’s property or inheritance rights, judges must also comply with the Guardians and Wards Act, 1890. Where required, prior approval must be obtained from the competent guardian court before approving any settlement.
The FCC also warned courts against making rushed decisions in cases involving children. Judges have been instructed to independently examine whether every order protects the best interests of the minor.
In its judgment, the court observed that an unlawful agreement cannot become legally valid simply because it has been included in a court decree. It stressed that courts must carefully examine every compromise before giving it legal effect.
The bench also found that the Lahore High Court had failed to properly apply the legal protections available for the inheritance and property rights of women and minors. As a result, the Federal Constitutional Court ruled that the High Court’s decision could not be sustained.
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The latest judgment strengthens legal safeguards for minors across Pakistan. By issuing these clear directions, the FCC has reinforced the importance of protecting children’s property and inheritance rights while ensuring that courts strictly follow the law in every such case.
