2022 (7) TMI 1486 - SC - Indian Laws

Change of Surname of minor child after death of biological father - Appointment of Guardians to the Minor Child - grant of visiting rights of the minor child pending disposal of O.P. Whether the mother who is the only natural/legal guardian of the child after the death of the biological father can decide the surname of the child. Can she give him the surname of her second husband whom she remarries after the death of her first husband and can she give the child for adoption to her husband? - HELD THAT - While an adoption deed is not necessary to effect adoption and the same can be done even through established customs in the present case the Appellant submits that on 12th July 2019 during the pendency of the present petition the husband of the Appellant/ step father of the child adopted the child by way of Registered adoption deed - While the main object of adoption in the past has been to secure the performance of one s funeral rights and to preserve the continuance of one s lineage in recent times the modern adoption theory aims to restore family life to a child deprived of his or her biological family. Therefore in light of the above observations the first issue is settled in favour of the appellant. Whether the High Court has the power to direct the Appellant to change the surname of the child specially when such relief was never sought by the respondents in their petition before the trial Court? - HELD THAT - While this Court is not apathetic to the predicament of the Respondent grandparents it is a fact that absolutely no relief was ever sought by them for the change of surname of the child to that of first husband/ son of respondents. It is settled law that relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief it would lead to miscarriage of justice. In the case of Bharat Amratlal Kothari Anr. Vs. Dosukhan Samadkhan Sindhi Ors. 2009 (11) TMI 942 - SUPREME COURT held Though the Court has very wide discretion in granting relief the Court however cannot ignoring and keeping aside the norms and principles governing grant of relief grant a relief not even prayed for by the petitioner. In this case while directing for change of surname of the child the High Court has traversed beyond pleadings and such directions are liable to be set aside on this ground. The appeals stand allowed in part.

Summary

Issues:
I. Mother's authority to decide child's surname post the father's demise and remarriage.
II. High Court's power to direct surname change not sought by respondents.

Issue I:
The judgment addresses the mother's role as the natural guardian of the child after the father's death. The Hindu Minority and Guardianship Act, 1956, along with previous court rulings, establish the mother's equal position as a guardian. The court emphasizes the significance of the child's surname, stating it reflects lineage and family identity. The judgment questions the High Court's directive to include the step-father's name, citing potential negative impacts on the child's mental well-being. It supports the mother's right to decide the child's surname, even after remarriage, and discusses the legality and implications of adoption by the step-father. The court concludes that the mother's decision on the child's surname is lawful and crucial for the child's well-being, favoring the appellant on this issue.

Issue II:
Regarding the High Court's authority to direct a surname change not requested by the respondents, the judgment highlights the principle that relief not pleaded should not be granted. Citing legal precedents, the court emphasizes the importance of adhering to pleadings and not granting unrequested reliefs. The judgment asserts that the High Court exceeded the scope of the case by issuing directions on the child's surname change, which were not part of the original pleadings. Consequently, the court sets aside the High Court's directions on the surname change, affirming the mother's right to decide the child's surname. The appeals are partially allowed, and each party is directed to bear their own costs.

This detailed analysis of the judgment clarifies the legal reasoning behind the court's decisions on the issues raised, ensuring a comprehensive understanding of the case's complexities and implications.