Orissa High Court Rules Father Cannot Be Denied Custody for Failing to Produce Child’s Birth Certificate

The Orissa High Court held that a father cannot be denied custody of his minor child merely because he failed to produce the child’s birth certificate or the death certificate of his wife.

The Court observed that under the Hindu Minority and Guardianship Act, 1956, the father is the natural guardian after the mother’s death.

The Family Court’s order denying custody on technical grounds was set aside, and the maternal grandfather was directed to hand over the child, aged about five and a half, to the father, while allowing visitation rights.

[Ramakanta Majhi v. Santan Majhi & Anr.]