ABC v. State (2015)

Quick Summary

CASE_TITLE: ABC v. State (2015 SCC OnLine SC 609)

PRIMARY_KEYWORDS: unwed mother guardianship, GWA Section 11 notice, privacy, parens patriae

SECONDARY_KEYWORDS: HMGA Section 6(b), GWA Sections 7 & 19(b), Succession Act Section 8, birth certificate affidavit

PUBLISH_DATE: October 31, 2025   |   AUTHOR_NAME: Gulzar Hashmi   |   LOCATION: India

The Supreme Court held that in suitable cases an unwed mother may be appointed sole guardian without notifying the putative father under Section 11 GWA, if notice hurts the child’s welfare and the father has shown no involvement. Privacy and dignity were protected. The Court also clarified that a mother’s affidavit is enough to register the child’s birth.

Issues

• Is it mandatory to notify the putative father before appointing an unwed mother as guardian?
• How do GWA ss.7, 11, 19(b), HMGA s.6(b), and Succession Act s.8 apply?
• What serves the child’s best interests under parens patriae?

Rules

• GWA, 1890: s.7 (guardianship power); s.11 (notice); s.19(b) (no other guardian if father alive and fit).
• HMGA, 1956: s.6(b) (mother as natural guardian after father, unless father is absent/unfit/indifferent).
• Succession Act, 1925: s.8 (relevant for certain property aspects).
• Precedent lens: Githa Hariharan—mother can be natural guardian when father is effectively absent; Lakshmi Kant Pandey—notice can be tailored for welfare.

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Arguments

• Welfare first: As parens patriae, the Court puts the child’s welfare above all.
• No mandatory notice: s.11 GWA is procedural; notice can be dispensed with if it harms the child and father is uninvolved.
• Privacy protected: Non-disclosure of the father’s identity protects mother and child from social stigma.
• Sealed details: Child informed of father; details given to Court in sealed cover for future use.
• Birth certificate: Mother’s affidavit is sufficient for registration of birth.
• Remand: Guardian Court to recall dismissal and hear the guardianship application without requiring notice to the father.

Ratio Decidendi

Section 11 GWA is a procedural safeguard, not a rigid rule. When the father is effectively absent and notice would harm the child’s welfare or privacy, courts can relax notice and appoint the unwed mother as sole guardian. Welfare of the child is the controlling consideration.

Why It Matters

• Child-centric reading: Confirms welfare trumps formality.
• Privacy recognition: Protects unwed mothers and children from stigma.
• Practical relief: Birth registration via mother’s affidavit eases access to rights.

Key Takeaways

1. No rigid notice: s.11 GWA notice can be dispensed with for welfare.
2. Mother as sole guardian: Possible when father is uninvolved/absent.
3. Privacy preserved: Father’s identity need not be disclosed publicly.
4. Birth registration: Mother’s affidavit suffices.

Mnemonic + 3-Step Hook

Mnemonic: “W E L F A R E — O V E R — N O T I C E”

• WELFARE: Child’s best interests control.
• OVER NOTICE: s.11 can yield to privacy and welfare.

3-Step Hook: Absent Father → Privacy Risk → Sole Guardianship.

IRAC Outline

Issue

Whether notice to the putative father is essential before appointing an unwed mother as guardian.

Rule

GWA s.11 notice is procedural; can be dispensed with to protect child welfare; HMGA s.6(b) and precedent allow mother as natural guardian where father is effectively absent.

Application

Father uninvolved; newspaper notice + affidavit protect future rights; disclosure would risk stigma and harm privacy.

Conclusion

Notice not mandatory here; mother can be appointed sole guardian; birth registration allowed on mother’s affidavit.

Glossary

• Parens Patriae: Court’s duty to protect those who cannot protect themselves, especially children.
• Putative Father: A man alleged to be the biological father.
• Procedural Provision: A rule guiding process; can be relaxed to serve justice and welfare.

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