Supreme Court of India · 2004-03-23
RENUBALA MOHARANA vs MINA MOHANTY .
- Citation / case number
- SC 2001/21239
- Court
- Supreme Court of India
- Petitioner
- RENUBALA MOHARANA
- Respondent
- MINA MOHANTY .
- Author
- Venkatarama Reddi
- Bench
- RUMA PAL & P. VENKATARAMA REDDI.
Judgment text excerpt
The Supreme Court addressed the petition under Section 7 of the Guardians and Wards Act and Section 7 of the Family Courts Act, concerning the custody and guardianship of a minor child. The Court held that the Family Court's dismissal of the petition for guardianship was incorrect, as the natural mother had no adverse allegations against her, and thus, the appellants were entitled to seek guardianship. The Court emphasized that the legitimacy of the child was not a barrier to granting custody, ultimately allowing the appeal for guardianship and custody of the child.