Unwed Mothers Are Not Required To Give Notice Under Section 11 Of Guardians And Wards Act, 1890 To The Child’s Putative Father

Must Read

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi,...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the...

Follow us

Case Law: ABC v. State (NCT of Delhi), 2015 SCC OnLine SC 609

Delivering a quintessential decision interpreting Section 11 of Guardians and Wards Act, 1890, involving the question that whether an unwed mother must specify the name of the putative father in her petition for her appointment as the guardian of her child, the Division Bench of Vikramjit Sen and A.M. Sapre, JJ., held that the appellant can apply for her child’s guardianship without giving notice under Section 11 of the 1890 Act, to the putative father of her child. The Court further stated that Section 11 is not directly applicable in cases where one of the parents petitions the Court for appointment, as guardian of the child. The Court further directed that if a single parent/unwed mother applies for the issuance of a Birth Certificate for her child, the authorities concerned may only require her to furnish an affidavit to this effect, and must issue the Birth Certificate.

Section 11 is applicable in those cases where the guardianship of a child is sought by a third party, thereby mandating the issue of notice to the child’s natural parents. The Court further observed that Section 11 being purely procedural, the requirements can be relaxed in order to achieve the object of the Statute i.e. interest of the child. .

Latest News

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

Punjab Woman Evokes Petition for Protection Fearing Honour Killing

In the case of Divya Mattu and another vs State of Punjab and others, the petitioner, Divya, fearing honour killing against her by her...

Punjab Woman Accuses Punjab Police of Keeping Husband in Illegal Custody and Framing Him in a False Case

In the case of Geeta v the State of Punjab, the petitioner evoked a writ petition of habeas corpus as she claimed that her...

More Articles Like This

- Advertisement -