Guardianship — Unwed Mother as Sole Guardian · 6 July 2015
ABC v. State (NCT of Delhi): Supreme Court on an Unwed Mother's Right to Sole Guardianship
Supreme Court of India · 2015 SCC OnLine SC 609
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An unmarried woman, who had raised her son from birth without any involvement or support from the child's biological father, applied under the Guardians and Wards Act, 1890 to be appointed his sole legal guardian. She did not wish to disclose the identity of the father in her application. The Delhi High Court held that her application could not be considered without first requiring notice to, or disclosure of, the father, and she appealed to the Supreme Court.
The Supreme Court held that an unwed mother may apply for and be appointed sole guardian of her child without disclosing the father's identity, and that notice to a father who has shown no interest in the child is not a mandatory precondition to such an appointment. The Court reasoned that requiring disclosure in these circumstances would not serve the child's welfare — the paramount consideration in guardianship matters — and could instead expose the mother and child to social stigma or other adverse consequences, while the father's guardianship rights are not automatically defeated but remain a matter he can independently pursue if he chooses to establish paternity and involvement.
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