Unwed mother can be child’s guardian without father’s consent, rules Supreme Court

New Delhi: In a landmark judgement, the Supreme Court on Monday ruled that an unwed mother could be appointed as the sole legal guardian of her child, without taking consent from the father.

The court also said that it was not required of the mother to unveil the identity of the father.

A bench led by Justice Vikramjit Sen was adjudicating a plea by a woman who had challenged the Hindu Minority and Guardianship Act, which requires marriage necessary for a parent to apply for legal guardianship of a child.

As per the current law, a notice has to be sent to the child's father seeking his consent when there is a petition for guardianship. 

In her petition, the woman said that the father did not even know if his child existed. 

She also said that any disclosure would create problems for both parents.

The mother had filed an appeal in the Supreme Court in 2011, after a trail court in Delhi and the High Court gave a ruling against her.

An apex court bench, which heard her plea, said that the lower courts had lost sight of the main issue and decided the matter without taking into account the child's welfare.