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VIKRAMAJIT SEN, A.M.SAPRE
ABC – Appellant
Versus
State (NCT of Delhi) – Respondent
Judgment
Vikramajit Sen, J.
1. A legal nodus of seminal significance and of prosaic procedural origination presents itself before us. The conundrum is whether it is imperative for an unwed mother to specifically notify the putative father of the child whom she has given birth to of her petition for appointment as the guardian of her child. The common perception would be that three competing legal interests would arise, namely, of the mother and the father and the child. We think that it is only the last one which is conclusive, since the parents in actuality have only legal obligations. A child, as has been ubiquitously articulated in different legal forums, is not a chattel or a ball to be shuttled or shunted from one parent to the other. The Court exercises paren patrae jurisdiction in custody or guardianship wrangles; it steps in to secure the welfare of the hapless child of two adults whose personal differences and animosity has taken precedence over the future of their child.
2. Leave granted. This Appeal is directed against the Judgment dated 8.8.2011 delivered by the High Court of Delhi, which has dismissed the First Appeal of the Appellant, who is an unwed mother, holding that
SHALU NIGAM VS REGIONAL PASSPORT OFFICER - 2016 0 Supreme(Del) 2008: Cited with approval by Supreme Court in ABC v. State (NCT of Delhi), AIR 2015 SC 2569; "The Supreme Court in ABC Vs. ... The Supreme Court in the case of ABC (supra) also quoted with approval".
A. Aniswar VS Union of India - 2016 0 Supreme(Mad) 1808: Relied upon; "State [NCT OF Delhi] [(2015) 10 SCC 1 : 2015 7 Scale 480]".
JUSTICE K S PUTTASWAMY (RETD. ) VS UNION OF INDIA - 2017 0 Supreme(SC) 772: Directly referenced as authority on guardianship; "In ABC v The State (NCT of Delhi) [(2015) 10 SCC 1], the Court dealt with the question whether it is imperative".
SHWETA GUPTA VS RAHUL KESHAV JADHAO - 2017 0 Supreme(All) 1116: Relied upon, with para 18 extracted; "Bulbul Godiyal and Sri Rohit Tripathi is ABC v. State (NCT of Delhi), (2015) 10 SCC 1. ... Para 18 of the judgment in ABC (supra) is extracted".
K G VS State of Delhi - 2017 0 Supreme(Del) 4101: Noted as authority; "State (NCT of Delhi), AIR 2015 SC 2569, wherein the Court had noted that “Avowedly, the mother is best".
KIRAN LOHIA VS STATE GOVT OF NCT OF DELHI - 2018 0 Supreme(Del) 721: Reliance placed; "Rajkotia, has placed reliance on ABC Vs. State of NCT AIR 2015 SC 2569".
Mathumitha Ramesh VS Chief Health Officer, The Public Health Care Department, Trichy Municipal Corporation (Births and Deaths) - 2018 0 Supreme(Mad) 2675: Relied upon by counsel; "counsel for the petitioner relied upon a judgment of the Hon'ble Apex Court reported in AIR 2015 SC 2569 (ABC".
Mahesh Chand Sharma VS State of Rajasthan - 2019 0 Supreme(Raj) 2703: Recognized as authority on rights of unmarried mother; "State (NCT of Delhi): (2015) 10 SCC 1, the Supreme Court recognized the right of an unmarried mother".
Sapavath Usha Boda Usha VS Sapavath Nagulu - 2019 0 Supreme(Telangana) 301: Cited as precedent; "State (NCT of Delhi), (2015) 10 SCC 1 and Vikram Vir Vohra Vs. ... The decision in ABC ((2015) 10 SCC 1 supra) dealt with".
Kiran Lohia VS State - 2020 0 Supreme(Del) 77: Held as authority; "State (NCT of Delhi), (2015) 10 SCC 1, the Supreme Court held that "upon a guardianship petition".
AMAN LOHIA VS KIRAN LOHIA - 2021 3 Supreme 260: Cited; "State (NCT of Delhi) (2015) 10 SCC 1".
Satprakash Meena VS Alka Meena - 2021 0 Supreme(Del) 389: Held as authority, quoted; "State (NCT of Delhi) (2015) 10 SCC 1, wherein it was held: “20.".
xxxxx VS State of Kerala - 2021 0 Supreme(Ker) 603: Held as authority; "The State (NCT of Delhi), (2015) 10 SCC 1, the Apex Court while dealing with an issue of guardianship held".
Nirali Dixit VS State Of U. P. Thru. District Magistrate, Lko. - 2021 0 Supreme(All) 864: Held as authority on guardianship; "State (NCT of Delhi) [2015 10 SCC 1], the Hon’ble Supreme Court has held that in the matter of appointment".
S. Srinivasulu Naidu VS State of Karnataka - 2022 0 Supreme(Kar) 881: Listed as cited case; "xix) ABC vs. State (NCT of Delhi), (2015) 10 SCC 1".
Badugu Panduranga Rao, S/o. Subba Rao VS Legal Services Authority, rep. by its Secretary, Krishna District at Machilipatnam - 2022 0 Supreme(AP) 170: Held as authority, intent of Act noted; "State (NCT of Delhi), (2015) 10 SCC 1, the Hon'ble Supreme Court has held that in the matter of appointment ... In ABC (supra)".
Kinri Dhir VS Veer Singh - 2022 0 Supreme(Del) 165: Relied upon for maternity rights; "NCT of Delhi, (2015) 10 SCC 1 to state that in cases where the child is born outside of wedlock the maternity ... She has relied on the judgment".
XXXXXXXXXX VS Registrar of Births and Deaths Pathanamthitta Municipality Central Junction - 2022 0 Supreme(Ker) 464: Cited; "State (NCT of Delhi) [2015 (10) SCC 1]".
Nilika Assinen, D/o. Shri Pronet Kemprai VS Union Of India, Through Secretary, Ministry Of External Affairs - 2023 0 Supreme(Raj) 202: Cited, relevant portion quoted; "State (NCT of Delhi) AIR 2015 SC 2569, relevant portion, as relied by learned counsel".
Saurov Kumar Mandal VS Madhura Das - 2023 0 Supreme(Cal) 1099: Cited; "SCC 1 (ABC -vs-State (NCT of Delhi)".
Sandepu Swaroopa VS Union of India, represented by the Secretary, Ministry of Human Resource Development - 2023 0 Supreme(Telangana) 615: Cited as dealing with single mother case; "State (NCT of Delhi) (2015) 10 SCC 1 while dealing with the case of a single mother".
Fabian Ricklin alias Ranabir VS State of West Bengal - 2024 0 Supreme(Cal) 7: Relied on by petitioner; "State (NCT of Delhi), reported at (2015) 10 SCC 1".
Arpita Chowdhury VS Nabadwip Municipality - 2024 0 Supreme(Cal) 594: Quoted para 28, direction followed; "State (NCT of Delhi) reported in (2015) 10 SCC 1 paragraph 28. ... The Hon’ble Supreme Court in the matter of ABC (supra) directed".
RAJINDER PAL MALIK VS VICE CHAIRMAN, DDA - 2016 0 Supreme(Del) 169: No explicit treatment indicators; describes allotment of plot in context of demolition, appears as factual reference without judicial treatment language.
Shaji @ Methan Shaji, S/o. Shahul Hameed VS State of Kerala, Represented by the Inspector of Police, Pettah Circle, Represented Through the Public Prosecutor, High Court of Kerala, Ernakulam - 2021 0 Supreme(Ker) 573: Cited alongside other cases for similar purpose; "State of Kerala [(2001) 6 SCC 181], Babubhai v. ... State of Gujarat [(2010) 12 SCC 254]", no specific approval or criticism.
Githa Hariharan: Drvandana Shiva VS Reserve Bank Of India: Jayanta Bandhopadhyaya - 1999 2 Supreme 123: Summarizes legal points from Hindu Minority and Guardianship Act precedents (e.g., Section 6(a)), including "Important Points 1. ... 2. The word ‘after’ occurring in Section 6(a)", treated as valid exposition without negative treatment.
K. Satrabati Devi, d/o. , (L) Konsam Jadumani Singh VS Konjengbam Gunabanta Singh, s/o (L) Konjengbam Tombirei Singh - 2023 0 Supreme(Manipur) 19: Fragmentary reference; "In ABC v. State (NCT of Delhi) a href="./..", lacks full context or treatment indicator (e.g., followed, relied), appears incomplete.
Suryas Ravi Prakash Rao vs Mohithe Manohar Rao - 2025 0 Supreme(AP) 1127: Fragmentary reference; "In ABC vs. State (NCT of Delhi), , a href="./..", lacks full context or treatment indicator.
Saumya Sajiv Kumar Sharma vs State of U.P. - 2025 0 Supreme(All) 2184: Fragmentary reference; "It is further delineated by the Supreme Court in the ABC v. State (NCT of Delhi), , [ a href="./..", lacks full context but uses "delineated" suggesting positive use.
Basu Deo Agarwal vs Union Of India - 2025 0 Supreme(Gau) 1628: Fragmentary reference; "In the case of ABC vs. The State (NCT of Delhi), reported in a href="./.. ... No one appears for the State.", lacks explicit treatment indicator beyond citation.
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