Can''t force unwed moms to disclose kids' father name: SC

R Sedhuraman

Legal Correspondent

New Delhi, July 6

The Supreme Court on Monday ruled that unwed mothers don't have to disclose the name of their kids' fathers in any form.

A Bench headed by Justice Vikramajit Sen said the welfare of kids was of paramount importance and no authority should insist on fathers' names if the mothers concerned were not willing to reveal the names of their spouses.

The SC gave the verdict in a case filed by an unwed mother.

The Supreme Court also ruled that there was no need for the consent of the father in giving guardianship of a child to an unwed mother.

The apex court Bench said this while recalling the earlier order of a guardianship court and asking it to re-examine the plea by the unwed mother seeking guardianship of the child without issuing notice to the father.

The court said the lower courts, including high court, lost sight of the issue that was before them to be examined and decided the matter without taking into account the welfare of the child.

The court order came on a petition by a woman who is a gazetted officer in the government. She had challenged the procedural necessity of disclosing the identity of the father and issuing notice to him on a plea seeking sole guardianship of the child by the unwed mother.

The mother had contended that the man stayed with her barely for two months and did not even know the existence of the child. (With IANS inputs)