In a landmark judgement, the Supreme Court on Monday ruled in favour of an unwed mother to be the sole legal guardian of a child, without the permission of the father.
The woman had challenged the statutory necessity of involving the father of her child in guardianship petition even though she had never married him.
An apex court bench, which heard her plea, said that the lower courts had lost sight of the main issue and decided the matter without taking into account the child's welfare.
The apex court further said that it was not required that the mother should reveal the father's identity and include him as a party to the guardianship petition in certain cases.
As per the current law, a notice has to be sent to the child's father seeking his consent when there is a petition for guardianship.
