Akella Lalita vs Sri Konda Hanumantha Rao this case is decided by the Honorable Supreme Court which delivered the judgment in this case about the Surname of the child after the death of the Biological father.
FACTS of the case depend upon the Surname Of the Child After The Death of the Biological Father
•The Appellant’s first husband passed away and she remarried another person. She had a child from the first marriage
• The Respondents filed a petition under the Guardian and Wards Act, 1890 for appointing them as Guardians of the child & sought visitation rights
•The Trial Court held it would not be appropriate to separate the child from the love and affection of his mother but granted visitation rights.
AP HIGH COURT
• Amongst other directions asked the Appellant to restore the surname of a child after the death of the biological father.
• Further direction that wherever the records permit, the name of the natural father shall be shown and if it is otherwise impermissible, the name of the present husband shall be mentioned as the stepfather.
ISSUES
•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?
• Whether the High Court has the power to direct the Appellant to change the surname of the child especially when such relief was never sought by the respondents in their petition before the trial Court ?
SUPREME COURT
• Nothing unusual in mother, upon remarriage having given the child the surname of her husband or even giving the child in adoption to her husband
• The direction to include the name of the present husband as step-father in documents is almost cruel and mindless of how it would impact the mental health and self-esteem of the child
• The mother being the only natural guardian of the child has the right to decide the surname of the child. She also has the right to give the child for adoption.
Hindu Adoption and Maintenance Act, 1956
• Section 9 ( 3 ) – Natural Guardian – Mother has an equal position as the father. Referred to Githa Hariharan and Ors. vs. Reserve Bank of India and Ors .
• When the child takes on to be a kosher member of the adoptive family it is only logical that he takes the surname of the adoptive family – A name is important as a child derives his identity from it and a difference in name from his family would act as a constant reminder of the factum of adoption and expose the child to unnecessary questions hindering a smooth, natural relationship between him and his parent.
Akella Lalita vs Sri Konda Hanumantha Rao (Surname Of Child After The Death of Biological Father)
Andhra Pradesh High Court direction to a mother who remarried another person after the death of her first husband to restore surname of a child – Further direction that wherever the records permit, the name of the natural father shall be shown and if it is otherwise impermissible, the name of the present husband shall be mentioned as a stepfather – Allowing appeal, the Supreme Court observed :
Nothing unusual in mother, upon remarriage having given the child the surname of her husband or even giving the child in adoption to her husband – The direction to include the name of the present husband as step-father in documents is almost cruel and mindless of how it would impact the mental health I self – esteem of the child – The mother being the only natural guardian of the child has the right to decide the surname of the child. She also has the right to give the child in adoption Done Lecturas
