Unwed mother can be child's guardian without father's consent: SC

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


#supreme court   #guardianship   #mother   #father   #legal guardian  

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.

Comments

 

Other News

Trump’s China setback pushes US to woo India

A week after Donald Trump’s visit to China – the first by an American president in nine years, US secretary of state Marco Rubio arrived in India on May 23 on a four-day visit aimed at resetting Washington DC’s relations with New Delhi and attending the third Quad ministerial meeting.

EU–India FTA 2026: A high‑stakes prescription for Indian pharma and healthcare

India’s pharmaceutical industry stands as one of the world’s market leaders of generic pharmacy with market valuation of USD 50 billion in 2026. Characterised by high volume, low-cost generic manufacturing, with an annual growth rate of 10-12% primarily propelled by exports and domestic demand,

Legends, vignettes and tales from the freedom movement

Robin Hood of Kathiawar and Other Extraordinary Stories from India’s Freedom Movement By The Paperclip  HarperCollins, 348 pages, Rs 499  

Solicitor General Tushar Mehta tells quirky tales from the world of law

The Lawful and the Awful: Quirky Tales from the World of Law By Tushar Mehta Rupa Publications, 336 pages, Rs 995  

Cabinet meet discussed `Ease of Living`, `Ease of Doing Business`

The Council of Ministers has deliberated upon valuable perspectives and best practices relating to boosting ‘Ease of Living’ and ‘Ease of Doing Business’, prime minister Narendra Modi said on Friday.   As he shared details of the Council meeting held the d

India should deepen energy partnerships with Africa

The vulnerability of Strait of Hormuz continues to influence energy politics globally. India is highly dependent on imported crude oil as a significant portion of its oil imports still come from the Gulf ultimately making such disruptions particularly consequential and has immediate economic ramifications


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter