Orissa HC Restores Minor’s Guardianship to Father to Safeguard Child’s Welfare After Mother’s Death

Bhubaneswar, Dec 9: The Orissa High Court has restored the legal custody and guardianship of a minor child to his natural father after the death of his mother, setting aside the earlier Family Court order. The Single Bench of Justice Sanjay Kumar Mishra emphasized that denying custody would deprive both the father and child of the love and affection to which they are entitled.

The child’s parents, married on June 19, 2019, had lived together peacefully until the mother’s demise. Following her death, the maternal grandfather took custody, and the father’s petition for guardianship was initially rejected by the Family Court, Bhadrak, on July 12, 2022. The court had cited the absence of the child’s birth certificate and the mother’s death certificate as reasons for dismissal under Section 19 of the Family Courts Act, 1984, read with Section 47 of the Guardians & Wards Act.

Justice Mishra ruled that the Family Court’s rejection on technical grounds was unjustified. “Keeping in view the legal provisions under the Hindu Minority and Guardianship Act, 1956, the welfare of the child, and the father’s right to custody, the Family Court was not justified in denying guardianship based on absence of documents,” the judgment noted.

The court further highlighted that there were no allegations of abuse or matrimonial disputes during the mother’s lifetime. Granting custody to the father, the court observed, would ensure the child’s welfare and help maintain the natural parental bond. Justice Mishra expressed confidence that the minor, being of tender age, would adapt quickly to life with his father.

The Orissa High Court’s decision underscores the principle that the welfare of the child remains paramount in guardianship disputes, particularly in cases involving the death of a parent.