10:27 am - Thursday November 5, 2015

Father’s consent not required for child’s guardianship

106 Viewed Alka Anand Singh Comments Off on Father’s consent not required for child’s guardianship
Supreme-Court-of-India

In a relief to unwed mothers, the Supreme Court on Monday ruled that there was no need for the consent of the father in getting guardianship of a child.

The SC 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 apex 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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