AIR 2015 SUPREME COURT 2569

Supreme Court Of India

Hon'ble Judge(s): Vikramajit Sen, Abhay Manohar Sapre , JJ

(A) Guardians and Wards Act (8 of 1890) , S.11, S.19— Guardianship application - By unwed mother - Notice of - Not imperative for unwed mother to specifically notify putative father. Judgment D/- 8-8-2011 (Delhi High Court), Reversed. The predominant legal thought in different civil and common law jurisdictions spanning the globe as well as in different statutes within India is to bestow guardianship and related rights to the mother of a child born outside of wedlock. Avowedly, the mother is best suited to care for her offspring, so aptly and comprehensively conveyed in Hindi by the word 'mamta'. Furthermore, recognizing her maternity would obviate the necessity of determining paternity. In situations such this, where the father has not exhibited any concern for his offspring, giving him legal recognition would be an exercise in futility. In today's society, where women are increasingly choosing to raise their children alone, there is no purpose in imposing an unwilling and unconcerned father on an otherwise viable family nucleus. A man who has chosen to forsake his duties and responsibilities is not a necessary constituent for the well-being of the child. The appellant unwed mother has taken care to clarify that should her son's father evince any interest in his son, she would not object to his participation in the litigatio....