Unwed Mothers can claim Guardianship: SC

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New Delhi: In a historic judgement of the Supreme Court on Monday, it is stated that an unwed Hindu mother can claim herself for the guardianship of her minor child without taking consent from the child’s father. A bench led by Justice Vikramjit Sen allowed the woman, who preferred anonymity and is known only by the acronym ‘ABC’, to approach the local guardianship court on her own accord in the status of an unwed mother without the burden of issuing prior notice to the father.

The Hindu Minority and Guardianship Act requires marriage as a necessary precedent for a parent to apply for guardianship of her child.Under this statute, a woman requires the man’s permission before applying for guardianship.With this judgment, the Supreme Court has given its stamp of approval to a woman’s status as an unwed mother of a child. Especially as in this case, when the child does not know the identity of the father and when the mother does not want to involve him in the parenting.

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