Unwed mother can be sole guardian: Supreme Court
9 years, 8 months ago

Unwed mother can be sole guardian: Supreme Court

The Hindu  

Upholding the right of an unwed mother to apply for sole guardianship over her minor son without prior consent of the child’s absentee biological father, the Supreme Court on Monday said women are increasingly choosing to raise their children alone, and there was no need to thrust an uncaring father on a child. The young mother, whom the apex court described as “well-educated, gainfully employed and financially secure,” had refused to divulge the name of the biological father of her child to the courts. “Any responsible man would keep track of his offspring and be concerned for the welfare of the child he has brought into the world; this does not appear to be so in the present case,” the apex court held, allowing the mother to apply for guardianship without disclosing the name of the biological father. Uniform Civil Code stressed The Supreme Court directed that unwed mothers can get birth certificates issued for their biological children merely by furnishing an affidavit to this effect.

Supreme Court Court Mother Father Her Child Biological Child Unwed Mother Sole Guardianship  father  children  biological  child  mother  sole  guardianship  court  guardian  unwed  supreme

History of this topic

'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court
1 month ago

'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court

Live Law  

The Aurangabad bench of the Bombay High Court recently held that a natural guardian being the eldest member of a Hindu joint family can exercise powers to deal with the rights of the minors in the joint family, keeping in mind the aspect of legal necessity and benefit of the minor.Single-judge Justice Santosh Chapalgaonkar quashed and set aside the December …

Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court
1 month, 2 weeks ago

Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court

Live Law  

The Supreme Court recently allowed a father to get the custody of his child from maternal grandparents, observing that grandparents cannot have a better claim than the father, who is the natural guardian.A bench of Justices BR Gavai and K Vinod Chandran heard a father's appeal against the High Court's rejection of his habeas corpus petition. The Supreme Court recently …

Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme Court
2 months ago

Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme Court

Live Law  

The Supreme Court today reaffirmed that a child's legitimacy determines paternity, emphasizing that a child born during a valid marriage is presumed to be the legitimate offspring of parents who had access to each other at the time of conception. Since the Respondent's mother and RK had complete access to each other at the time of the Respondent's conception, therefore …

Uttarakhand High Court Allows Wife's Plea To Become Guardian Of Comatose Husband
4 months, 2 weeks ago

Uttarakhand High Court Allows Wife's Plea To Become Guardian Of Comatose Husband

Live Law  

In a first-of-its-kind order, the Uttarakhand High Court allowed the application of a wife who sought guardianship of her husband who is in a state of coma and deeply bedridden. Since no law is in the field to appoint the petitioner as her husband's guardian, the Single bench comprising Justice Pankaj Purohit justified the petitioner's reference to the Kerala High …

Supreme Court Upholds Natural Guardian's Right to Custody Of Child
7 months, 1 week ago

Supreme Court Upholds Natural Guardian's Right to Custody Of Child

Live Law  

While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.After the unfortunate death of a minor's mother during COVID-19, the father had asked her sisters-in-law to take care of her minor daughter …

Biological Mother's Marital Status Cannot Be Determining Factor in Adoption of Child: Madras High Court
9 months, 1 week ago

Biological Mother's Marital Status Cannot Be Determining Factor in Adoption of Child: Madras High Court

News 18  

The Madras High Court recently observed that the marital status of a Hindu woman cannot be the determining factor in deciding the adoption of her biological child. However, the registering authority refused registration because the child’s biological mother had attained majority and remained unmarried at the time of adoption and therefore, there was a lack of consent from the child’s …

Step Father Can't Be Asked To Maintain Child When Biological Father Is Alive: Delhi Court
1 year ago

Step Father Can't Be Asked To Maintain Child When Biological Father Is Alive: Delhi Court

Live Law  

A Delhi Court has observed that a stepfather cannot be asked to maintain a minor child when the biological father is alive.“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the step father cannot be asked to maintain the child.” Metropolitan Magistrate Neha Kheria of …

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential
1 year, 1 month ago

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential

Live Law  

Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor," the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.The dispute occurred when the registrar refused to register the adoption …

Single NRI Australian father gets custody of surrogate child
1 year, 4 months ago

Single NRI Australian father gets custody of surrogate child

Hindustan Times  

The Punjab and Haryana high court has granted guardianship of a four-year-old surrogate boy to a single NRI father living in Australia. The high court bench of justice Anupinder Singh Grewal ordered that the single NRI father would be the sole guardian of the child. In June 2022, the NRI father was refused visa by the Australian Embassy on the …

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
1 year, 6 months ago

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC

Live Law  

Observing that a child is the worst victim where there is acrimonious relationship between the parents, the Delhi High Court has said that a minor’s age and the surrounding circumstances of the period of separation from a parent are relevant while considering his or her 'intelligent preference'. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years, 3 months ago

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have …

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court
2 years, 6 months ago

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court

Live Law  

".in terms of Section 38 of the Special Marriage Act, the respondent-husband has remedy to approach the said Court, which has passed the decree of divorce if any terms and condition were violated and, therefore, in view of the above mentioned two judgments, the petition filed by the respondent-father in terms of under Section 25 of the Guardianship and Wards …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 8 months ago

Mother being natural guardian can decide child's surname, says Supreme Court

India Today  

The Supreme Court on Thursday ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family. The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her …

Mother Can Give Surname Of Second Husband To Child After Death Of Biological Father : Supreme Court
2 years, 8 months ago

Mother Can Give Surname Of Second Husband To Child After Death Of Biological Father : Supreme Court

Live Law  

The Supreme Court has observed that a mother who remarries after the death of the biological father can decide the surname of the child and include it in her new family.The bench comprising Justices Dinesh Maheshwari and Krishna Murari set aside an Andhra Pradesh High Court judgment which directed a mother to change the surname of her child and also …

Mother has right to decide surname of child for being only natural guardian: Supreme Court
2 years, 8 months ago

Mother has right to decide surname of child for being only natural guardian: Supreme Court

India TV News  

Mother has right to decide surname of child for being only natural guardian: Supreme Court A bench of Justices Dinesh Maheshwari and Krishna Murari said, "The mother being the only natural guardian of the child has the right to decide the surname of the child. Highlights SC ruled that a mother being the only natural guardian of child has right …

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents
2 years, 8 months ago

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents

Op India  

On Wednesday, the Kerala High Court said that it was bound by the precedents from the Supreme Court to observe that a Muslim woman cannot be the guardian of her minor child and the property. Though there is no bar in Quran or Hadith on a Muslim woman’s right to be a child’s guardian, the Court said that it was …

Muslim mother cannot be a guardian of minor children, rules Kerala HC
2 years, 8 months ago

Muslim mother cannot be a guardian of minor children, rules Kerala HC

New Indian Express  

KOCHI: A division bench of the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property since it is bound by the precedents of the Supreme Court. Sudha observed that even though the personal law which prevents Muslim women from being guardians can be argued to be violative of …

Difficulty In Getting Only Mother's Name As Legal Guardian On PAN & Other Documents: Rajasthan High Court Takes Suo Moto Cognizance
3 years ago

Difficulty In Getting Only Mother's Name As Legal Guardian On PAN & Other Documents: Rajasthan High Court Takes Suo Moto Cognizance

Live Law  

The Rajasthan High Court, Jaipur has recently taken suo moto cognizance considering the difficulty faced by an individual in getting only his mother's name as legal guardian on PAN and other documents. The suo moto cognizance was taken by Justice Sameer Jain based on a report published in The Hindu on 08.03.2022 titled, "Want Mother's Name on Documents? The Bench …

Child welfare is supreme in custody cases, says Supreme Court
3 years, 2 months ago

Child welfare is supreme in custody cases, says Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court has ruled that in matters involving the custody of a minor child having foreign citizenship, the predominant right of child welfare can’t be weighed against the rights of parents who involved in a dispute over the repatriation of the child. “The issue regarding custody of a minor child and the issue of the repatriation of …

Extramarital Affair No Ground To Conclude Woman Wouldn't Be A Good Mother & Deny Her Child Custody: Punjab & Haryana High Court
3 years, 9 months ago

Extramarital Affair No Ground To Conclude Woman Wouldn't Be A Good Mother & Deny Her Child Custody: Punjab & Haryana High Court

Live Law  

Noting that in a patriarchal society, it is common to cast aspersions on the moral character of a woman, the Punjab & Haryana High Court, while granting custody over a four-year-old child to her mother, recently observed thus:"Even assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she …

Upholding Woman's Decisional Autonomy To Acknowledge Biological Father, Kerala High Court Restores Surrendered Child To Live-In Couple [Read Judgment]
3 years, 11 months ago

Upholding Woman's Decisional Autonomy To Acknowledge Biological Father, Kerala High Court Restores Surrendered Child To Live-In Couple [Read Judgment]

Live Law  

In an important ruling, the Kerala High Court has recognised the decisional autonomy of a woman in a live-in relationship recognising the biological father of her child and the parental rights thereby flowing to him. The Court's observations on a woman's decisional autonomy proved crucial in determining whether the biological father had a say in the procedure adopted to surrender …

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
4 years ago

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court

Live Law  

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarised adoption deed". A Bench of Justices SS Shinde and Manish Pitale ruled, "We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have …

Inclusion Of Biological Mother's Name In The Passport Instead Of Step Mother's Would Not Cause Any 'Prejudice': P&H HC [Read Order]
4 years, 8 months ago

Inclusion Of Biological Mother's Name In The Passport Instead Of Step Mother's Would Not Cause Any 'Prejudice': P&H HC [Read Order]

Live Law  

The High Court of Punjab and Haryana recently directed the Regional Passport Office to allow an applicant's request for inclusion of her biological mother's name in her passport, instead of her step-mother's name. The Petitioner had moved the High Court stating that her biological mother's name is reflected in her birth certificate, educational certificates as well as Aadhar Card, therefore, …

Father abducts toddler; Court grants guardianship to mother
5 years, 5 months ago

Father abducts toddler; Court grants guardianship to mother

India TV News  

A man's abducting his toddler daughter and taking her illegally to Dubai, away from his estranged wife, has invited the wrath of a Delhi court which has declared the mother to be the guardian and custodian of the child for "her paramount interest and welfare". Taking note of the man's conduct, Principal Judge of Family Court Swarana Kanta Sharma said …

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]
5 years, 8 months ago

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has said that "Parents rather than the grand parents are the best guardians of a minor child." A division bench of Justice B V Nagarathna and Justice K Natarajan in their order of July 3, said "Howsoever affectionate the maternal grand-parents may be and they may take every care to bring up the child, the same …

Being an unwed mother a social stigma, says HC
5 years, 9 months ago

Being an unwed mother a social stigma, says HC

The Hindu  

The Nagpur bench of the Bombay High Court recently allowed a woman to terminate her pregnancy, which was a result of promises made to marry, saying, “In India a child to an unwed mother is taken as a social stigma of a serious nature and she does not want to carry such stigma for her entire life.” A division bench …

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]
6 years, 2 months ago

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]

Live Law  

While granting interim custody of a ten-year-old girl child to her father, the Karnataka High Court recently observed that it is not the "statutory rights of the parents" but the welfare of the child that needs to be given paramount consideration by courts while considering grant of custody. Justice B. Veerappa observed, "The provisions of Sections 7,9,12, 13, 17 and …

Single Mothers Cannot Be Forced To Disclose Name Of Child’s Father For Birth Certificate: Madras HC [Read Order]
6 years, 8 months ago

Single Mothers Cannot Be Forced To Disclose Name Of Child’s Father For Birth Certificate: Madras HC [Read Order]

Live Law  

Madurai Bench of the Madras High Court on Wednesday made it clear that there exists no legal obligation for single mothers to disclose the name of their child’s father while registering for the child’s birth.Justice M.S. Madurai Bench of the Madras High Court on Wednesday made it clear that there exists no legal obligation for single mothers to disclose the …

Can A Minor Child Choose To Stay With Someone Else Against Will Of Its Guardian? SC Expresses Its Reservation About Gujarat HC Observations [Read Order]
6 years, 9 months ago

Can A Minor Child Choose To Stay With Someone Else Against Will Of Its Guardian? SC Expresses Its Reservation About Gujarat HC Observations [Read Order]

Live Law  

The Supreme Court has expressed its reservation about some observations made by the Gujarat High Court with regard to choice of a minor child to stay with someone else other than its guardian, though it did not interfere with the order.A bench of Justice AK Sikri and Justice Ashok Bhushan said it is dismissing the Special Leave Petition as it …

Govt panel mulls whether to make mothers natural guardians
7 years, 8 months ago

Govt panel mulls whether to make mothers natural guardians

Live Mint  

New Delhi: An expert committee on non-resident Indian marriages constituted by the ministry of external affairs has received a suggestion to make mothers, instead of fathers, the natural guardians of a child. The suggestion is part of several ideas that the ministry of Women and Child Development has received from various stakeholders and shared with the committee as part of …

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC
7 years, 9 months ago

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC

Live Law  

The High Court of Uttarakhand on Thursday allowed a mother’s appeal for custody of her minor son, and lamented the sole reliance placed by the Additional Family Court on the financial status of the parties.“…income of either of the party in matrimony is irrelevant for considering the propriety of guardianship, as even poorest of poor have right to procure child …

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC
7 years, 9 months ago

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC

Live Law  

The High Court of Uttarakhand on Thursday allowed a mother’s appeal for custody of her minor son, and lamented the sole reliance placed by the Additional Family Court on the financial status of the parties.“…income of either of the party in matrimony is irrelevant for considering the propriety of guardianship, as even poorest of poor have right to procure child …

An 'official' family: Laws of parenthood in India
7 years, 10 months ago

An 'official' family: Laws of parenthood in India

Firstpost  

Editor’s Note: A nation’s legal system is integral to how its citizens look upon issues that concern the country in general and their individual lives in particular. By the time I started teaching family law, surrogacy and child custody had acquired a firm position in the syllabus, not just as additional topics, but as issues that raised questions beyond the …

Rajasthan HC directs Govt. To Amend Rules To Ensure Hassle-free Issue Of Birth Certificate To Single Mothers
8 years, 5 months ago

Rajasthan HC directs Govt. To Amend Rules To Ensure Hassle-free Issue Of Birth Certificate To Single Mothers

Live Law  

In a progressive judgment reaffirming the rights of single mothers, the Rajasthan High Court directed the state government to amend existing rules and provide necessary guidelines to ensure painless issuance of birth certificate to single mothers. “To ward off denial of Birth Certificate to the single parent or unwed mother or woman, a direction is, hereby, issued to the State …

10-yr-old awaits benefits after father’s death, mother asked to appoint herself as guardian
8 years, 5 months ago

10-yr-old awaits benefits after father’s death, mother asked to appoint herself as guardian

Hindustan Times  

A 10-year-old girl, whose father died in January 2015, still awaits family pension and other such benefits offered to a legal heir of a deceased employee by Punjab government. “Let superintendent grade-1, office of financial commissioner, Punjab civil secretariat, Chandigarh appear in person before the court on the next date of hearing to explain how he could insist on production …

Adoptive mother cannot be deprived of the custody of her child without following due process of law: Delhi HC [Read Judgment]
8 years, 9 months ago

Adoptive mother cannot be deprived of the custody of her child without following due process of law: Delhi HC [Read Judgment]

Live Law  

Terming the action by Child Welfare Committee, in forcibly taking a child from the custody of adoptive mother, as “extremely unusual and dangerous”, the Delhi High Court said that an adoptive mother cannot be deprived of the custody of her child without following due process of law.The petitioner had filed a Habeas Corpus petition in Delhi High Court alleging that …

Unwed mothers can become the sole guardian of child without disclosing father’s name or his consent: SC [Read the Judgment]
9 years, 8 months ago

Unwed mothers can become the sole guardian of child without disclosing father’s name or his consent: SC [Read the Judgment]

Live Law  

In a landmark judgment, a Supreme Court bench headed by Justice Vikramajit Sen has held that an unwed mother in India can apply to become the sole guardian of a child, without giving notice to the father of the child and without disclosing his identity.The Court also directed that if a single parent/unwed mother applies for the issuance of a …

Law Commission of India vouches for both mother and father to be regarded as natural guardians in its 257th Report
9 years, 10 months ago

Law Commission of India vouches for both mother and father to be regarded as natural guardians in its 257th Report

Live Law  

Law Commission of India has released its latest Report on “Reforms in Guardianship and Custody Laws in India”. The report highlights the study conducted by LCI into the issue of adopting ‘shared parenting system’ in India.Earlier in November, 2014, the Commission had issued a Consultation Paper, analyzing shared parentage systems across the world and reviewing the existing law in. The …

Father is the natural guardian of a child in the absence of the mother, rules the Bombay High Court
11 years ago

Father is the natural guardian of a child in the absence of the mother, rules the Bombay High Court

Live Law  

The Bombay High Court has granted custody of a boy child to his father holding that a father is the natural guardian of his child.A Bench comprising Justices P V Hardas and A S Gadkari was hearing a Writ Petition filed by Amol Pawar, seeking custody of his two and a half year son who was being looked after by …

Father has the Right to Give his Child for Adoption, rules the Madras High Court
11 years, 1 month ago

Father has the Right to Give his Child for Adoption, rules the Madras High Court

Live Law  

The Madurai Bench of the Madras High Court today ruled that a father has a right to give his child for adoption and that the father is the legal guardian of the child after the death of her mother.The petitioner- the grandmother of a girl child, who had been given in adoption by her father, submitted before the Hon’ble Court …

Surrogate mother has no right over child delivered: Delhi court
11 years, 11 months ago

Surrogate mother has no right over child delivered: Delhi court

India TV News  

New Delhi, Apr 11: A surrogate mother and her husband cannot have any right over a child conceived and delivered through artificial means, the Delhi Court has ruled. "Definition of term 'surrogacy' in guidelines laid down by Indian Council of Medial Research/National Academy of Medical Sciences itself recognizes that the intended parents are parents genetically related to the child and …

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