Published on: December 09, 2023 at 17:30 IST
Court: Supreme Court of India
Citation: Akella Lalitha V. Sri Konda Hanumantha (2015)
Honourable Supreme Court of India has held that mother, if being the only natural guardian of the child has the right to decide the welfare of the child including surname or giving up child in adoption. However it is held that the Court may have the power to intervene but only in child’s interest.
19. Before parting with this subject, to obviate any uncertainty it is reiterated that the mother being the only natural guardian of the child has the right to decide the surname of the child. She also has the right to give the child in adoption. The Court may have the power to intervene but only when a prayer specific to that effect is made and such prayer must be centered on the premise that child’s interest is the primary consideration and it outweighs all other considerations. With the above observations the directions of the High Court so far as the surname of the child is concerned are set aside.
Drafted By Abhijit Mishra