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.