The Madras High Court has appointed a Hindu couple as the legal guardians of a minor Muslim girl raised by them since birth, noting that it would best serve the child’s welfare.
The Division Bench of Justice Anand Venkatesh and Justice K.K. Ramakrishnan noted that the couple had been caring for the child since birth and that the girl identified them as her parents, even referring to her biological mother as ‘aunty’. It also recorded that the biological mother had given her consent willingly.
Satisfied with the credentials of the couple and the genuineness of the arrangement, the Court exercised its Parens Patriae (ultimate parent) jurisdiction to conclude that appointing them as legal guardians was in the child’s best interest.
Emphasising the legal framework, the Court stated that the Guardians and Wards Act, 1890, was a religion-neutral statute applicable to all persons seeking guardianship of a minor. While religion may be one of the considerations under Section 17 of the Act, the paramount factor remained the welfare of the child.
The Bench passed the order on a petition filed by one Balaji, challenging an order passed by a family court in Madurai, which rejected his application for guardianship. The couple, married in 2012 and without children, had expressed a desire to adopt. The biological mother of the child, a daily-wage labourer known to the couple for over a decade, was struggling to provide for her three children following her husband’s death. She had voluntarily decided to give her third child up for adoption to the couple.
Despite the biological mother raising no objection and affirming her consent, the family court had dismissed the petition on the grounds that the child was a female and that the couple were not related to her. On appeal, the High Court interacted with the biological mother, who reiterated her inability to care for the child and confirmed that the couple had been raising her since birth. The child’s siblings also acknowledged this arrangement.
Taking all these factors into account, the High Court set aside the Family Court’s order and granted legal guardianship of the child to the couple.
The post Madras High Court appoints Hindu couple as guardians of Muslim child appeared first on India Legal.