Madras High Court Appoints Hindu Couple As Guardians Of Muslim Child, Notes They're Taking Care Of Her Since Birth

The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan noted that the Hindu couple had been taking care of the child right from her birth. The court also noted that the child had been calling the couple father and mother and calling her own biological mother as aunty. Thus, the court noted that it would be in the best interest of the child to appoint the Hindu couple as her legal guardian.

“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 added that the Guardians and Wards Act 1890 was a religion-neutral legislation and would apply to every person who wanted to be appointed as a guardian of a minor. The court added that religion would be a consideration while appointing a guardian as per Section 17 of the Act, but the primary factor to be considered by the court was 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 court was hearing a petition filed by Balaji against an order of the Family Court in Madurai, rejecting his application to be appointed as the legal guardian for the minor female child.

The petitioner, who got married in 2012, did not have any children, and thus the couple had decided to adopt. The mother of the minor child in question was living nearby and was known to the couple for more than 10 years.

It was informed that the biological mother was working as a daily labourer and was struggling to provide basic amenities to her three children, after the death of her husband. Since the biological mother wholeheartedly came forward to give her third child in adoption to the Hindu couple, they started taking care of the child.

Thereafter, the couple took steps to legalise the adoption and filed a guardian petition in the Family Court. Though no objection was raised by the biological mother, who informed the court that she was giving her child wholeheartedly, the court dismissed the petition noting that the child was a female child and the couple were strangers. Against this, the parties had approached the court.

When the court inquired with the biological mother, she informed the court that she was not in a position to provide basic amenities to her three kids and had taken a conscious decision to give her third child on adoption. She further informed the court that the child was being raised by the couple since her birth and was calling them as father and mother. The elder children of the biological mother also agreed that the child was being brought up by the couple.

Thus, taking into account the welfare of the child, the court allowed the plea and set aside the order of the Family Court.

Counsel for Petitioner: Mr.J.Barathan

Case Title: Balaji v. Mehaboobani

Citation: 2026 LiveLaw (Mad) 191

Case No: C.M.A(MD)No.423 of 2026