The Supreme Court while overruling the decision of Bombay high court has recently said that an unwed mother can be the sole legal guardian of her child. The court observed that she does not require to provide the name of the biological father nor does she need his consent for being the sole legal guardian. The court observed that the man who has no role in the upbringing of the child need not be identified. Further, it observed that the interest of the child should be paramount. The court overruled the decision of the high court that said that the mother should specify how she conceived or if she was raped. The court came face to face with questions where an unwed mother claimed that the biological father has no idea about the very existence of the child and of another girl who wanted her step father's name in her passport instead of her biological father. The court observed that there is no need to provide the name of the biological father in the passport. The order of the Apex Court is the need of the hour where single mothers are harassed and is a right step towards gender equality. If the biological father has no presence in a child's life, there is no need to have his name present in the child's life. A mother who has reared her child all by herself can and should be the sole legal guardian of her child.
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