Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Mother only natural guardian of child, has the right to decide the surname: Supreme Court

IANS
Updated: July 28th, 2022, 22:33 IST
in Home News, National
0
Supreme Court
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: The Supreme Court Thursday ruled that a mother, being the only natural guardian of the child, has the right to decide the surname of the child, and even after the demise of her first husband, cannot be restrained from including the child in her new family and deciding the surname.

A bench of Justices Dinesh Maheshwari and Krishna Murari said: “The mother being the only natural guardian of the child has the right to decide the surname of the child. She also has the right to give the child in adoption”.

Also Read

Andhra Pradesh HC

Andhra Pradesh HC strikes down 34% BC quota in local body polls

3 hours ago
Three Gujarat residents allegedly abducted in Ethiopia return to India, head to Mehsana

Three Gujarat residents allegedly abducted in Ethiopia return to India, head to Mehsana

3 hours ago

It noted that in the case of Githa Hariharan and Ors. vs. Reserve Bank of India and others, the apex court elevated the mother to an equal position as the father, bolstering her right as a natural guardian of the minor child under Section 6 of the Hindu Minority and Adoption Act, 1956.

Justice Murari, who authored the judgment on behalf of the bench, said: “After the demise of her first husband, being the only natural guardian of the child, we fail to see how the mother can be lawfully restrained from including the child in her new family and deciding the surname of the child.”

He said a surname refers to the name a person shares with other members of that person’s family, and it is not only indicative of lineage and should not be understood just in context of history, culture and lineage but more importantly the role it plays is with regard to the social reality along with a sense of being for children in their particular environment. “Homogeneity of surname emerges as a mode to create, sustain and display family,” said the bench.

The top court set aside a 2014 Andhra Pradesh High Court direction to a mother to complete the formalities for restoration of the surname and father’s surname of the child. The woman’s first husband had died in 2006, when her child was only two and a half years old. She remarried in 2007.

The child’s grandparent, from the father’s side, had urged the court to allow the child to use his biological father’s surname. The high court also passed a direction that the name of the natural father shall be shown and if it is otherwise impermissible, the name of the woman’s second husband shall be mentioned as step-father.

The woman moved the top court challenging the high court’s directions.

In July 2019, during the pendency of the present petition, the stepfather of the child adopted the child by way of registered adoption deed.

The apex court noted that the direction of the high court to include the name of the woman’s husband as step-father in documents is almost cruel and mindless of how it would impact the mental health and self-esteem of the child. “A name is important as a child derives his identity from it and a difference in name from his family would act as a constant reminder of the factum of adoption and expose the child to unnecessary questions hindering a smooth, natural relationship between him and his parents,” said Justice Murari.

The bench said: “We, therefore, see nothing unusual in an appellant mother, upon remarriage having given the child the surname of her husband or even giving the child in adoption to her husband.”

It noted that according to the Encyclopaedia of Religion and Ethics- “Adoption indicates the transfer of a child from old kinsmen to the new. The child ceases to be a member of the family to which he belongs by birth. The child loses all rights and is deprived of all duties concerning his natural parents and kinsmen. In the new family, the child is like the natural-born child with all the rights and liabilities of a native-born member.”

Justice Murari said: “Therefore, when such a child takes on to be a kosher member of the adoptive family, it is only logical that he takes the surname of the adoptive family and it is thus befuddling to see judicial intervention in such a matter.”

Setting aside the high court direction, the bench said in recent times, the modern adoption theory aims to restore family life to a child deprived of his or her biological family.

The top court noted the change of surname was also not part of the pleadings before the high court, therefore it traversed beyond pleadings and such directions are liable to be set aside on this ground.

IANS 

Tags: Supreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Sibarama Khotei

December 12, 2019
#MyPaperBagChallenge

Anup Mahapatra

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019
#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Swarit Praharaj

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
#MyPaperBagChallenge

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Praptimayee Biswal

December 12, 2019
#MyPaperBagChallenge

Adyasha Priyadarsani Sendha

December 12, 2019
#MyPaperBagChallenge

Sisirkumar Maharana

December 12, 2019
#MyPaperBagChallenge

Aishwarya Ranjan Mohanty

December 12, 2019
#MyPaperBagChallenge

Diptiranjan Biswal

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Matrumangal Jena

December 12, 2019
#MyPaperBagChallenge

Adrita Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar Ghibela

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Shreyanshu Bal

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Smitarani Sahoo

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Parbati Mohanty

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019

Archives

Editorial

SC In Spotlight

Supreme court
September 30, 2026

Lately, the Supreme Court’s intervention in high-profile cases does not necessarily arouse confidence and reassurance that wrongs may be righted....

Read moreDetails

Trump & Xi

Donald Trump (L) and Xi Jinping
September 29, 2026

The recent meeting between US President Donald Trump and Chinese President Xi Jinping turned out to be a rather tame...

Read moreDetails

Trust Deficit for EC

Election Commission of India
September 28, 2026

After remaining deafeningly silent on a media report casting serious doubts about the fairness and functioning of the Election Commission...

Read moreDetails

The Rot Within

Aakar Patel
September 27, 2026

By Aakar Patel Corruption and bribery are two words that are interchangeable. Or are they? Bribery, in the way that...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST