The Madurai Bench of the Madras High Court on Tuesday granted guardianship of a minor Muslim girl to a Hindu couple, holding that the welfare of the child outweighs considerations of religion..A Division Bench of Justice N Anand Venkatesh and Justice KK Ramakrishnan said that the welfare of the child outweighs considerations of religionHence, it allowed an appeal filed by S Balaji, who, along with his wife, had sought appointment legal guardian of the child."The primary factor to be considered by the Court is the welfare of the child. Apart from that, the Court must also take into consideration the age, sex and religion of the minor and the character and the capacity of the proposed guardian," the Court said..The couple, who had no children, had known the biological mother for over a decade. The mother, a daily wage labourer struggling to raise three children after her husband’s death, voluntarily entrusted her third child to the couple soon after birth.The couple then moved the family court at Madurai to formalise the guardianship. .The family court dismissed the plea on September 29, 2025, despite recording that there was no legal bar to appoint a non-Muslim as guardian. It nevertheless rejected the petition after noting that the child was a female and the couple were “strangers.”.Before the High Court, the mother reiterated her consent for adoption. She said she was unable to provide basic amenities and had made a conscious decision to give the child to the couple.The Bench interacted with the parties and noted the child’s bond with the couple. “The child was calling the appellant as father and his wife as mother.The child was calling the natural mother as ‘aunty’," the order said..The High Court underlined that the Guardians and Wards Act, 1890 does not impose a religious bar. “Any person desirous of claiming to be the guardian of a minor child can make an application," the Court said.Hence, it concluded that the family court failed to apply the correct test and the primary factor to be considered by the Court is the welfare of the child.“The Court has to strike a balance between the attachment and sentiments of the parties towards the minor child and the welfare of the minor child, which is of paramount importance,” the Bench stated..Hence, it allowed the appeal and appointed the couple as the child's legal guardians. .Advocate J Barathan appeared for the couple.
