Madras High Court Grants Guardianship of Muslim Child to Hindu Couple in Welfare-Based Ruling

In Balaji v. Mehaboobani, the Madras High Court appointed a Hindu couple as legal guardians of a minor Muslim girl, setting aside a Family Court order that had earlier rejected their plea.

The Division Bench of Justice Anand Venkatesh and Justice K K Ramakrishnan emphasised that the child had been raised by the couple since birth and recognised them as her parents.

The Court noted that the child addressed the couple as father and mother, while referring to her biological mother as “aunty”. This emotional bond and continuity of care were considered crucial in determining what would serve the child’s best interests.

“In the light of the above discussion, it will be in the welfare of the child to appoint the appellant as the legal guardian, since the child recognises the appellant and his wife as the parents and the child has been taken care by the appellant and his wife right from the birth. Therefore, this Court is satisfied with the credentials of the appellant and his wife and this Court is also satisfied that the consent has been given by the respondent wholeheartedly,” the court said.

The Court also clarified that the Guardians and Wards Act, 1890 is religion-neutral and applies to all individuals seeking guardianship. While religion may be a factor under Section 17, it cannot override the primary consideration—the welfare of the child.

“While implementing the provisions of the Act, this Court is exercising its parens patriae jurisdiction in the best welfare of the child. The Guardians and Wards Act 1890, is religion-neutral and it will apply to every person desirous of being appointed as a guardian of a minor and religion becomes one of the consideration when the Court deals with the petition in line with Section 17 of the Act,” the court said.

The case arose after the Family Court in Madurai rejected the couple’s guardianship plea despite no objection from the biological mother. The lower court had expressed concern that the couple were strangers and that the child was female.

The biological mother, a daily wage labourer, had struggled to support her three children following her husband’s death. She had voluntarily decided to give her third child in adoption to the couple, who had known her for over a decade.

During the proceedings, the mother reiterated her consent and confirmed that the child had been raised entirely by the couple. Even the child’s siblings acknowledged that she was being cared for by them.

Taking these factors into account, the High Court concluded that the Family Court had failed to prioritise the welfare of the child. It therefore set aside the earlier order and granted guardianship to the couple.