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


New Delhi, Jul 6 (IANS): The Supreme Court on Monday ruled that there was no need for the consent of the father in giving guardianship of a child to an unwed mother.

The apex court bench headed by Justice Vikramajit Sen said this while recalling the earlier order of a guardianship court and asking it to re-examine the plea by the unwed mother seeking guardianship of the child without issuing notice to the father.

The court said that the lower courts, including high court, lost sight of the issue that was before them to be examined and decided the matter without taking into account the welfare of the child.

The court order came on a petition by a woman who is a gazetted officer in the government. She had challenged the procedural necessity of disclosing the identity of the father and issuing notice to him on a plea seeking sole guardianship of the child by the unwed mother.

The mother had contended that the man stayed with her barely for two months and did not even know the existence of the child.

  

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Comment on this article

  • yogesh, mumbai

    Tue, Jul 07 2015

    What nonsense! who cares? who objects if she wants to keep the illegitimate child? looks like sc has got all the time for illegitimates when there are pressing urgent matters pending for long time

    DisAgree Agree [2] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Mon, Jul 06 2015

    Courts have already ruled that the maternity leave eligibility is based on the condition (pregnancy) of the woman and not on her status (married/unmarried). This is just a step relaxing the rigmarole connected with a child born out of wedlock, so that the child will not be a victim of circumstances.

    DisAgree Agree [13] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Mon, Jul 06 2015

    "This is" means the present ruling.

    DisAgree Agree [5] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Jul 06 2015

    Achhe Din for ...

    DisAgree [11] Agree [10] Reply Report Abuse

  • jd, mangalore

    Mon, Jul 06 2015

    Hurray, Our institutions are maturing.
    When a mother applies for travel visa, the embassy requires, a NOC from father. If the father is to travel with the children, NOC from mother is NOT required.

    When an unmarried girl is travelling overseas, a letter is required from father, when married from husband. If a boy is travelling, nothing is required.

    We have twisted even foreign embassy to think and act like us. Have no time, else would have sued these European embassies for discrimination. This info is from the travel agent, hope it is true.

    DisAgree [3] Agree [8] Reply Report Abuse

  • Indian, DxB/ Mangalore

    Mon, Jul 06 2015

    I am sitting with popcorn in hand. Both parties- Modi haters and Modi lovers, please start your banter, bashing, hate comments, worship comments, love comments etc., although this is court decision and not a government's. Please make sure to include words such as Feku, Khangress, chaddis, scamgress, aaptards etc. I thank you for the daily dose of banters, for they release my stress. Morons!!!

    DisAgree [3] Agree [25] Reply Report Abuse

  • wanda, fish

    Mon, Jul 06 2015

    Haha right!
    Even if your Kori is missing, it's either BJP or Congress. This is how our sharp Mangalorean minds are thinking nowadays.

    DisAgree Agree [16] Reply Report Abuse

  • Indian, DxB/ Mangalore

    Mon, Jul 06 2015

    A fish named Wanda. Good movie.

    DisAgree [1] Agree [10] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Jul 06 2015

    Wanda or Yeda ...

    DisAgree [4] Agree [4] Report Abuse


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



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