Bombay HC grants guardianship of ‘illegitimate’ child to biological parents

The Bombay High Court recently allowed a plea filed by a minor’s biological parents, who had sought her guardianship, after she was deemed to be an “illegitimate” child. Justice Manish Pitale passed the order while hearing a plea filed by the biological parents – who now reside together – seeking reliefs under the Guardians and Wards Act, 1890.

The mother was a Hindu by birth but converted to Islam to marry a Muslim in August 2005.

The child was born in August 2011. However, when the husband came to know that he was not the biological father of the child, he divorced the woman in October 2015. In December 2018, while the family court granted custody of the child to the mother, the minor was still identified as a Muslim by birth. As per Muslim personal law, while illegitimate children are considered to have no parentage, none of the parents can also be considered as a guardian. They are referred to as those born out of illicit intercourse, they cannot inherit titles, rights or property of either parent.