Guardians And Wards Act | Father’s Declaration Of Having ‘No Children’ In Matrimonial Profile Disentitles Him To Custody: Madras High Court

"The respondent/father has advertised in Tamil Matrimony.com on 25.10.2025 stating that he is a divorcee and he has no children, which clearly confirms the fact the respondent/father has disowned his own minor child." Madras High Court, in a ruling dated October 7, 2026, held that a father who publicly disowns his minor child by advertising his marital status as having "no children" on matrimonial platforms forfeits his right to be considered a competent guardian.

A single bench of Justice P.B. Balaji observed that such conduct unequivocally demonstrates that the father is not acting in the best interest of the minor, thereby necessitating the appointment of the mother as the sole guardian.

The petitioner, the mother of the minor child born in 2018, sought to be appointed as the sole guardian and requested permanent custody with permission to relocate the child to Canada. The petitioner and the respondent-father were previously granted a divorce via court-facilitated proceedings in 2024. Despite having visitation rights, the respondent had failed to exercise them consistently and chose not to contest the present petition despite due service of notice.

The primary question before the court was whether the petitioner could be appointed as the sole guardian and granted permanent custody to relocate the minor abroad, given the father’s apparent abandonment of parental responsibility. The court was also tasked with assessing the "best interest and welfare of the minor child" standard under the Guardians and Wards Act, 1890.

Evaluating Parental Competency

The court meticulously examined the conduct of the respondent-father, noting that he had ceased showing interest in the minor child shortly after divorce proceedings concluded. Crucially, the court highlighted evidence indicating that the father had attempted to remarry, explicitly misrepresenting his status by stating he had no children. The court found this act of "disowning" the child to be a definitive factor in determining that the father was unfit to serve as a guardian.

Standard of Child’s Best Interest

The bench emphasized that the welfare of the minor is the paramount consideration in any custody dispute. Given that the petitioner is a permanent resident of Canada with a stable income exceeding Rs. 3.8 lakhs per month, the court found her fully capable of providing for the child’s maintenance, educational, and developmental needs. The court contrasted the mother’s proactive efforts to secure the child's future with the father's total lack of engagement.

"The respondent/father has disowned his own minor child and having projected himself to be a divorcee with no children, I do not see the respondent/father to be in any way competent to be a guardian or act in the best interest of the minor child."

Grant of Sole Guardianship and Relocation

Finding the petitioner’s case meritorious and noting the absence of any opposition from the respondent, the court allowed the petition. The order grants the mother sole guardianship and permanent custody, with express permission to take the child outside the court's jurisdiction to Canada. This decision underscores the judiciary's stance that a parent who suppresses the existence of their child to secure personal benefits demonstrates a fundamental lack of parental integrity, thereby justifying the deprivation of guardianship rights.

Date of Decision: 07 October 2026