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july 2015

Supreme Court of India · 2015-07-06

Abc vs State(Nct Of Delhi)

Citation / case number
AIR 2015 SUPREME COURT 2569
Court
Supreme Court of India
Petitioner
Abc
Respondent
State(Nct Of Delhi)
Author
Vikramajit Sen
Bench
Abhay Manohar Sapre, Vikramajit Sen

Judgment text excerpt

The Supreme Court ruled that under Section 7 of the Guardians and Wards Act, 1890, the welfare of the child is paramount in guardianship matters, and an unwed mother is not required to disclose the identity of the putative father to seek guardianship. The Court held that the dismissal of the mother's application by the lower courts for failing to notify the father was incorrect, emphasizing that the child's interests must take precedence over parental rights. The appeal was allowed, overturning the High Court's decision and affirming the mother's right to apply for guardianship without naming the father.

Abc vs State(Nct Of Delhi) · Niyam