Father’s Caste Cannot Be Forced on a Child, Rules Bombay High Court in Landmark Single Mother Case

Mumbai: In a significant and progressive ruling, the Bombay High Court has held that a child raised solely by her mother cannot be compelled to carry her father’s surname and caste identity merely because such practice was once considered mandatory.

The court granted permission to a 12-year-old girl to change her name and caste entry in school records. The minor had approached the court seeking to replace her caste entry from ‘Maratha’ to ‘Scheduled Caste’, along with changing her surname, as she has been brought up entirely by her mother.

School Had Earlier Rejected the Request

The girl’s request had earlier been rejected by school authorities, who cited provisions of the Secondary School Code, stating that such changes were not permissible under existing norms.

However, the Bombay High Court strongly disagreed, emphasizing that legal and administrative procedures must evolve in accordance with constitutional values and social realities.

Court: Recognising Single Mother as Full Guardian Is Constitutional Duty

In its verdict, the court observed that recognising a single mother as the sole and complete guardian of her child is not a matter of charity but a constitutional obligation.

The judges stated that the decision reflects a shift from patriarchal compulsion to constitutional freedom — from treating lineage as fate to recognising dignity as a fundamental right.

Strong Remarks Against Patriarchal Mindset

The court further noted that a society claiming to be progressive cannot insist that a child’s public identity must remain linked to a father who is absent from her life, while the mother, who bears the entire responsibility of upbringing, continues to remain administratively secondary.

It also stated that government rules should not become tools of moral judgement but must function as instruments of welfare and justice.

School Records Are Public Documents: Court

The Aurangabad Bench of the Bombay High Court, comprising Justice Vibha Kankanwadi and Justice H.S. Venegavankar, observed in its February 2 order that school records are not private documents but public records that follow a child for years, across institutions, and sometimes even into professional life.

The court added that if the mother is the sole guardian, repeatedly reflecting the father’s presence in official records cannot be justified as administrative neutrality.

Case Background

The court noted that the mother was the child’s natural guardian and sole caretaker. She had earlier accused the father of sexual harassment. Later, a settlement was reached between the parties, and it was decided that the daughter would remain permanently in the custody of her mother.

Both the minor girl and her mother argued that continuing the father’s surname in school records was not only an error but also created unnecessary social insecurity for the child, who has to grow up in a society where names often become markers of family identity and background.

The High Court’s decision is being widely viewed as a landmark step in strengthening the rights of children raised by single mothers and ensuring that their identity is shaped by dignity and choice rather than forced patriarchal traditions.