Madras High Court Grants Guardianship of Muslim Child to Hindu Couple

The Madras High Court recently appointed a Hindu couple as the legal guardians of a minor Muslim girl, observing that the welfare of the child must prevail over religious considerations.

The Court was hearing an appeal against a family court order that had rejected the couple’s guardianship plea solely on the ground of difference in religion.

The biological mother, a financially distressed widow working as a daily wage labourer, had voluntarily entrusted the child to the couple shortly after birth.

Setting aside the earlier order, the High Court clarified that the Guardians and Wards Act, 1890 does not prohibit guardianship merely because the parties belong to different religions.