Proof of custody/ guardianship- unwed mother

I suppose an unwed mother has a right to custody of child. I know one thing for sure that schools cannot deny admission to a child if father's name is not furnished. If they do, you can drag them to the court. 

For other things also, I do not think you need to furnish father's name or produce permission from his father, when he is not wedded to you. Your documents seem to be enough. However, consult a good advocate to do the necessities to avoid these naggings from those who are not aware that an unwed mother has a right to have a child and bring her/him up in a normal way. 

This is an important and first of its kind query raised by you, and I hope it is not negelcted by the best of advocates here. By the way, I am not an advocate. 

Thank you for your response, Ambika. I assumed the same as you, however it has been an uphill battle for me in terms of documentation. It took me 4 years to get my child's passport made becaue of my status and I was made to submit affidavits (notarised by the magistrate) thrice stating that I am the sole guardian.  

My child's passprt doesnt have the father's name on it (only mine) still I've been asked to prove that I'm the sole custodian while applying for a tourist visa.

I can't keep making affidavits everytime for everything and hence wanted to put a rest to this matter... I've gone to the HC a couple of times to make enquiries but no one can suggest what has to be done to register once and for all that its just me and that the father is no where in the picture. 

You can't escape these verification checks.

You need to furnish all the details, as presecribed by those who ask these detaiils, and proofs right from the birth certificate and your marital status, age at that time of birth.

The rare cases are handled very thoroughly.

If you are sensitive to the fact that loose verification would also allow unscrupulous trafficking of infaants also n the garb of such scenarios, Who would face the music afterwards?... then you won't complain about lengthy procedures. its better to oblige to their necessary documentation.

Making afidavits again and agint isn't that cumbersome. It is very technical.

Stick to just one lawyer and notory who had made earlier affidavits.

"My child's passprt doesnt have the father's name on it (only mine) still I've been asked to prove that I'm the sole custodian while applying for a tourist visa."

There are cases like Miss Universe Sush...ta Sen, I don't think any hassles are there for single mothers if all papers are made available in proper fashion.

NOT DISCLOSING FATHER'S NAME IS YOUR PERSONAL LIBERTY.

WHO ASKS YOU AND FOR WHAT PURPOSE AND ON WHICH CAPACITY?

YOUR CASE SIMILAR TO FILM STAR NINA GUPTA.

SHE IS UNWEDED SINGLE PARENT.

SHE WENT TO SC AND GOT THE ABOVE ORDER. YOU WILL GET IT IN LAW BOOKS ON FAMILY LAW.

EVERY WOMAN HAS THE RIGHT TO BE  A UNWEDED MOTHER. NOT DISCLOSING FATHER'S NAME IS HER PERSONAL LIBERTY UNDER ART 21 OF COI.

I HOPE IN THE BIRTH CERTIFICATE, YOUR NAME SHOWED AS SINGLE PARENT, MEANS FATHER'S NAME NOT SHOWN. THIS IS ENOUGH FOR GOVT DOCUMENT. BE BOLD. IT IS NOT A CRIME.

MOREOVER YOU HAVE PASSPORT OF THE CHILD.

IF ANY GOVT OFFICIAL ASK YOU AGAIN AND AGAIN, YOU SIMPLY TELL HIM , YOU WILL NOT DISCLOSE IT.

IF THEREAFTER HE AGAIN PERSUE ASK HIM IN WRITTING.

I AM HAVING A GIRL CHILD WHO'S MOTHER IS A SINGLE PARENT. OFFICIALLY IT IS SHOWN IN HER BIRTH CERTIFICATE. WE ARE LIVING TOGETHER.

schools cannot deny admission to a child if father's name is not furnished. If they do, you can drag them to the court.   ---   YES VERY CORRECT.

you need to furnish father's name or produce permission from his father, when he is not wedded to you.

---   NOT THAT,

YOU HAVE THE RIGHT AND LIBERTY TO DECLARE THE NAME OF THE FATHER OR NOT.

SIMULTENEOUSLY THE SAID FATHER HAS THE RIGHT  TO ACCEPT IT OR CHALLENGE IT IN COURT.

FINAL DECISSION WILL BE GIVEN BY THE COURT. MIGHT BE ON THE BASIS OF DNA TEST.

RUNING HOT CASE IS MR N.D.TIWARY'S CASE.

You can't escape these verification checks.

WRONG.

WHEN A PERSON DECLARES HERSELF AS A  SINGLE PARENT, HAVING GOVT DOCUMENTS ON IT, ASKING HER THE SAME MATTER IS EQUAL TO MENTAL TORTURE TO HER.

You need to furnish all the details, as presecribed by those who ask these detaiils, and proofs right from the birth certificate and your marital status, age at that time of birth.

- WRONG. NOT NECESSARY. MARE DECLARATION IS ENOUGH. IF THE PURPOSE IS OFFICIAL, GIVE THEM A PHOTOCOPY OF THE BIRTH CERTIFICATE & SHOW THE ORIGINAL. THEY WILL ATTSTED  IT BY THEMSELVES.

unscrupulous trafficking of infaants

---   AFTER PRODUCING BIRTH CERTIFICATE, THIS QUESTION DOES NOT ARISE, UNTILL SOMEONE CLAIMS THAT IT IS HIS STOLEN CHILD.

Arupji has very well explained the matter logically. To be a single mother or not is a matter of your Personal Liberty which has been guaranteed to all persons under Article 21 of the Constitution of India. If you are disturbed by these nagging questions put forth by government officials, you may approach High Court with all the facts to direct the State to amend all the future official forms(in light of Personal Liberty guaranteed under Article 21) so that single mothers are not mentally tortured and publicly humiliated by these questions and public authorities. In USA on official government documents only mother's name of person is printed. Our Part III of Constitution is based on their Bill of Rights that guarantees Fundamental Rights. Please remember pursuing the matter in court will cost you both time and money.

@

Writers including the author of this post try to understand what the lady's main concern is; it is official documentation that she is the GUARDIAN of a child and not what Sush and Nina did (there case cause of action were on totally different footing than subject matter of this post mind it) and nor this lady is a celebrity is my understanding of her this post. Giving her such vehement illustration(s) which she is before approaching LCI forum herself is aware of being from Mumbai the tinsel town will never help her……….


However, all she has to do if she understands UN Convention on Child Rights (Article 6 to 13) which India is signatory of and keeping the long term legal documentation interest of child she shall be guided to approach “ordinarily child jurisdiction Family Court” to seek Guardianship of the child which is nothing but a Judgment (remember Guardianship matters are never decreed per se) and all she has to do is to afterwards apply as sole petitioner / mother for several certified copies of the same and keep attaching whenever need arise by any of the Authorities as "official document" and this also includes cross border transportation of a child whose father name is missing as per current records she has and various Countries Laws does not take it lightly including EU countries (said it since she hinted on tourist visa in one of her briefs). Writers before answering shall be also aware that India is not signatory of Hague Convention on Child Rights and suppose she is holded in a foreign land due to lack of "offical document" then DNA test as suggeste dby one of the author goes for a full toss. Understand all these oh writers and though Article 21 COI is a remedy (read iwth Art 136 COI) but before all that she has much faster and best remedies to apply for i.e. under Family Court Act which is wider in scope and this matter falls under it as Mumbai has Family Courts!


She is quite right when she asks that is Affidavit and notarised paper not official documents ? And it shows her frustration genuinely. BTW as per S. 3 Indian Evidence Act Affidavit is not treated as evidence that also of child lien with her as mother ! Also Passport and ration card are also not treated as official document for Guardianship / Custody / Adoption as per two major Acts of the land and “official” paper work does not treat even in 21^st. century these as official documents for the simple reason that (if we talk of Indian Jurisdiction) State Amendments and HC Original Side Rules have not been amended / substituted accordingly. Today the child is in Mumbai suppose he / she is settled in a boarding school in Ooty / Kodai per se then what this lady is supposed to do think of cross Jurisdiction issues and all her worries are quite genuine since she is a common person and not a celebrity are some of my views.


Hence once you read this reply tell us the age, religion of mother and gender of the child to guide you with subject Law and various Sections of the three major Acts under which you shall apply to a Family Court for Guardianship / Custody of your own flesh and blood being single (un wed) mother which is not a hindrance as per Amendments in some of the Special Acts. You shall also be guided with precedents of Hon'ble SC on subject matter as well as single bench persuasive Judgment and a DB Judgment from Mumbai HC on subject.


All you need to do is to take printouts of the forthcoming legal suggestions and self approach a proficient Family Court ld. Advocate and show them to him / her and clock will be set all right for larger peace of mind for your child till he / she attains majority as per Act .


Hence, will wait for answers to three questions thus asked above and volunteer to guide you further parawise on asked subject in due course of time.


All the best. 

@ Arup: Thank you for your response. My problem is that I am constantly being asked these documents and in the past I've even ended up approaching the father of my child to get his consent... I can't even begin to explain how this makes me feel. 

My child's school is quite progressive and they only asked for a letter from me stating that my child is not to be released to her or anyone else for that matter. My challenge has been everywhere else... the passport was a nightmare and now this...

@ Jamai of Law: I spent the whole day today at the magistrate's office trying to make an affidavit that I am the sole guardian/ custodian of my daughter and after making me wait for 3 hours the Tehsildar (impolitely) said he couldn't sign it as it ws out of his jurisdiction.... so you see making affidavits are not that simple!

Isn't there something I can do that once and for all puts an end to this non-sense of me proving that I am the only guardian, only my consent counts??? I am not ashamed of my situation- I love my child, I don't mind tatooing my situation on my forehead if that'll mean that I am not asked to get the father's consent.

Thank you all for your responses... I'm hoping someone in this esteemed lot can provide a permanent solution to me :)

@ Rajeev Rakheja- Sorry I did not see your response before I replied... You are correct with all your assumptions.

I am 30, Catholic (the father is Sikh) and my daughter is 4.5yrs old. 

I am definitely not going get this done in time for my visa interview on Monday but I wish to have it taken care of for posterity so that I never have to go seeking anyone sign/ consent.

Thank you for your guidance.

" I've even ended up approaching the father of my child to get his consent... I can't even begin to explain how this makes me feel."

---   do you like to disclose the name of the father? You are free to do it. It is his problem how he will face it. Consent of the father not a must for such discloses. Also you have the right not to discloses it. Now think, what is convenient to you, and do accordingly.