Chennai, May 2:
In a significant ruling prioritising the welfare of a child, the Madras High Court has appointed a Hindu couple as the legal guardians of a Muslim girl child they have been raising since birth.
A Division Bench comprising Justices N Anand Venkatesh and K K Radhakrishnan passed the order while allowing an appeal against a Family Court decision that had earlier rejected the couple’s plea.
The High Court noted that the child, born in 2023, had been under the care of the couple for the past three years with the full consent of her biological mother and identified them as her parents.
The court observed that the Guardians and Wards Act, 1890 is religion-neutral and permits appointment of guardians based on the child’s welfare.
Exercising its parens patriae jurisdiction, the Bench held that the best interests of the child were paramount and formally granted legal guardianship to the couple.