ABC v. The State (NCT of Delhi): A Spinster Mother Can grow to be the Single Guardian of her Child
Keywords:
Child, guardianship, family, mother, women, society, legalAbstract
A spinster mother can become the sole guardian of her child without disclosing the biological father’s name, the Supreme Court said in a landmark ruling ABC v. The State (NCT of Delhi) aimed at reducing annoyance faced by single mothers from corner to corner the country. In situations where the father has not exhibited any concern for his children, giving him legal recognition would be an exercise in ineffectiveness. Welfare of the child, as a significant factor for decision, is by and large flexible, adaptable and philosophical of contemporary attitudes on the area under discussion of family within society. These legal principles stand their ground in theory. In today’s society, where women are increasingly choosing to move up their children single-handedly, we observe no rationale in having presence an unenthusiastic and undisturbed father on an or else practicable family center.
References
1. Law commission Report No.257, May 2015
2. Section 7 of the Guardians and Wards Act, 1890
3. Section 11 of the Guardians and Wards Act, 1890
4. Section 19 of the Guardians and Wards Act, 1890
5. Section 6(b) of the Hindu Minority and Guardianship Act, 1956
6. Section 8 of the Indian Succession Act, 1925
7. Code of Civil Procedure, 1882
8. ABC v. The State (NCT of Delhi) SLP (Civil) No. 28367 of 2011] AIR 2015 SC 2569
9. Section 7 of the Guardians and Wards Act, 1890
10. Section 11 of the Guardians and Wards Act, 1890
11. Section 19 of the Guardians and Wards Act, 1890
12. Section 6(b) of the Hindu Minority and Guardianship Act, 1956
13. Section 8 of the Indian Succession Act, 1925
14. ABC v. The State (NCT of Delhi) SLP (Civil) No. 28367 of 2011] AIR 2015 SC 2569
15. Section 11 of Hindu Guardianship Act
16. ABC v. The State (NCT of Delhi) SLP (Civil) No. 28367 of 2011] AIR 2015 SC 2569 & UDHR on 10 December 1948
17. Lakshmi Kant Pandey v. Union of India 1985 (Supp) SCC 701
18. Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228
19. W.P.(C) 155/2016 & CM APPLs. 684 - 685/2016, Delhi HC on 17th May 2016 Cite this Article Monika Jain. ABC v. The State (NCT of Delhi): A Spinster Mother Can grow to be the Single Guardian of her Child . 2019; 2(2): 27–31p.
