Unwed mother and child custody documentation

1. The Hindu Minority and Guardianship Act ,1956 under S. 6 (a) provides that while in the case of a minor boy or a minor unmarried girl it is the father who is the natural guardian and the mother comes only after the father, however under S. 6 (b) the order reverses in case of illegitimate children; the mother is the natural guardian and the father comes only after her. An illegitimate child does not get the father’s name. Perhaps there is a rational distinction between a child born into a family and one born outside and since such child would normally not be living with the father but with the mother, it might sound logical that the child should be identifiable with the mother; and laws on guardianship and adoption fall in line with this reasoning.

2. The Supreme Court in Ref.: Gaurav Jain Vs. Union of India [1997 (8) SCC 114] has categorically stated that the children have the rights of equality and opportunity, dignity and care, protection and rehabilitation by the society with both hands open to bring them into the mainstream of social life without pre-stigma affixed on them for no fault of his/her.

3. Hence, approach Jurisdiction Family Court via local Advocate found via reference and file Guardianship Petition under S. 25 GWA The Act declaring yourself to be sole Guardian of the minor. Here you can make natural father (ex-partner) as Respondent and since you assume he will not have any objection and/or much of his say in custody of the minor then concerned Court after due verification as to 'welfare' of child is best suited to be with you i.e. natural mother, shall grant you custody of the minor. Apply for few dozen certified copies of Decree in custody proceedings as per Rules and affix in Public Documentations of the minor wherever it is required/needed in future and/or as asked by authorities. Your purpose is thus solved.

PS:
Reply basis assuming case is that of a Hindu unwed mother if not clarify personal religion of the party. 


[Last reply]