The Supreme Court today ruled that a guardianship application under the Guardians and Wards Act, 1890 can be made by an unwed mother without notice being given to the putative father of the child..The judgment was delivered by a Division Bench of Justices Vikramajit Sen and Abhay Manohar Sapre in an appeal filed by an unmarried mother (Appellant) against the judgment of the Delhi High Court. Senior Advocate Indu Malhotra appeared for the Appellant while Senior Advocate Sidharth Luthra served as the Amicus Curiae..The Appellant, who is an unmarried mother, had first filed an application under Section 7 of the Guardians and Wards Act, 1890 (Act) before the Guardian Court for declaring her the sole guardian of her son. The father of the child, who was already married, had not evinced any interest in the child..Section 11 of the Act requires a notice to be sent to the parents of the child before a guardian is appointed. The Appellant published a notice of the petition in a daily newspaper but was strongly averse to naming the father. She filed an affidavit stating that if at any time in the future the father of her son raises any objections regarding his guardianship, the same may be revoked or altered as the situation may require..However, the Guardian Court directed her to reveal the name and whereabouts of the father and consequent to her refusal to do so, dismissed her guard
The Supreme Court today ruled that a guardianship application under the Guardians and Wards Act, 1890 can be made by an unwed mother without notice being given to the putative father of the child..The judgment was delivered by a Division Bench of Justices Vikramajit Sen and Abhay Manohar Sapre in an appeal filed by an unmarried mother (Appellant) against the judgment of the Delhi High Court. Senior Advocate Indu Malhotra appeared for the Appellant while Senior Advocate Sidharth Luthra served as the Amicus Curiae..The Appellant, who is an unmarried mother, had first filed an application under Section 7 of the Guardians and Wards Act, 1890 (Act) before the Guardian Court for declaring her the sole guardian of her son. The father of the child, who was already married, had not evinced any interest in the child..Section 11 of the Act requires a notice to be sent to the parents of the child before a guardian is appointed. The Appellant published a notice of the petition in a daily newspaper but was strongly averse to naming the father. She filed an affidavit stating that if at any time in the future the father of her son raises any objections regarding his guardianship, the same may be revoked or altered as the situation may require..However, the Guardian Court directed her to reveal the name and whereabouts of the father and consequent to her refusal to do so, dismissed her guard
