Welfare of child should be of paramount importance while deciding such issues and the court should not insist for name of father, rules the apex court
GN Staff | July 6, 2015
Emphasising the best interest of a child, the procedural requirement of issuing a notice to the father when a guardianship petition is moved can be dispensed with, said the Supreme Court on Monday. The court ruled that an unwed mother can be appointed as the sole legal guardian of her child without the consent of the father.
A bench headed by Justice Vikramajit Sen held that consent of father is not required while deciding guardianship of the child if the mother does not wish to disclose the parentage of the child. The SC set aside order of trial court and Delhi high court directing an unwed mother, who filed guardianship petition for her child, to disclose father's name to get his consent.
The court said that welfare of child should be of paramount importance while deciding such issues and the court should not insist for name of father if a lady does not want to disclose it.
According to her petition, the father does not even know that the child exists. The Guardians and Wards Act and the Hindu Minority and Guardianship Act require that a notice be sent to the child’s father to obtain his consent when a plea for guardianship is moved.
In this case, the woman has questioned this need, saying any disclosure would create more problems for both parents. She has also asserted her right not to disclose the parentage, arguing that the father had nothing to do with the upbringing of the child.
The woman has pointed out that if identifying the father is not mandatory on a passport application form, this can be allowed in a guardianship case, too, under “exceptional circumstances”.
The SC bench quashed the orders by the trial court and the high court. It sent the matter to the trial court for hearing it afresh without issuing a notice to the father.
The state-of-the-art corporate office of oil and natural gas corporation (ONGC), Pandit Deen Dayal Uphadhayay Urja Bhawan, in New Delhi has won leadership in energy and environmental design (LEED) India ‘platinum’ award by US green building council (USGBC), the highest recognition f
Demonetisation was a factor as candidates in the fray for the Mumbai civic polls wooed people. Though the election commission doubled the expenditure limits from Rs 5 lakh to Rs 10 lakh, some candidates found the going hard as there was a weekly withdrawal limit of Rs 24,000. Rs 10 lakh is way ab
Nathuram Godse, who was brought up by his parents as a girl in the first few years of his life, has been reviled for decades for fatally shooting the apostle of peace Mahatma Gandhi. What Godse said during the Gandhi assassination trial has not been made public, giving rise to considerable speculation.
The first coal rake of NTPC’s Pakri-Barwadih coal mine at Hazaribagh was flagged-off by finance minister Arun Jaitley, Jharkhand chief minister Raghubar Das, union minister of state for power, coal, N&RE and mines Piyush Goyal, and minister of state for civil aviation Jayant Sinha, at Ranchi on
“Our corporator is missing,” reads a banner on a defunct lamppost in Shaniwar Peth – a densely populated area in Pune, the second largest city of Maharashtra after Mumbai. Many more sprang up in the nearby alleys, a couple of months before the municipal corporation polls on February 21.&n
On October 1 last year, Mehtab Alam Ansari, 30, who worked as a tailor in Delhi, had arrived in his village, Chepa Khurd in Barkagaon tehsil of Harazibagh district, to celebrate Eid with his family. That morning, he was nearing Dadi Kalan, a neighbouring village, to meet an acquaintance when he heard gunsh