Madras High Court Grants Guardianship of Muslim Minor to Hindu Couple, Cites Child’s Welfare

April 29, 2026 : The Madras High Court has appointed a Hindu couple as the legal guardians of a minor Muslim girl who has been raised by them since birth, holding that the arrangement serves the child’s best interests.

A Division Bench of Justice Anand Venkatesh and Justice K.K. Ramakrishnan observed that the couple had been caring for the child since her birth and that she clearly identified them as her parents. The Court noted that the child even referred to her biological mother as “aunty,” reflecting the emotional bond she had developed with the couple. It also recorded that the biological mother had willingly consented to the arrangement.

Invoking its parens patriae jurisdiction, the Court emphasised that its primary duty was to safeguard the welfare of the child. After assessing the credentials of the couple and the genuineness of the situation, the Bench concluded that granting them legal guardianship would best protect the child’s interests.

The Court also clarified the legal position under the Guardians and Wards Act, 1890, stating that the law is religion-neutral and applies uniformly to all persons seeking guardianship of a minor. While religion can be a relevant factor under Section 17 of the Act, it cannot override the paramount consideration of the child’s welfare.

The case arose from an appeal filed by Balaji against an order of a family court in Madurai, which had rejected his plea for guardianship. The couple, married in 2012 and without children, had expressed their desire to adopt. The biological mother, a daily-wage labourer known to them for over a decade, had voluntarily decided to give her third child in their care after her husband’s death left her struggling to support her family.

Despite her clear consent and lack of objection, the family court dismissed the application, citing that the child was a girl and that the couple was unrelated to her. The High Court found this reasoning untenable.

During the proceedings, the Bench interacted with the biological mother, who reaffirmed her decision and inability to care for the child. The child’s siblings also acknowledged that the girl had been raised by the couple since birth.

Taking these factors into account, the High Court set aside the family court’s order and granted legal guardianship to the couple, reiterating that the welfare of the child must remain the overriding consideration in such cases.