A family court in Surat has issued an interim stay on the planned monastic initiation of a seven-year-old Jain girl, following a legal petition filed by her father. The court's intervention came after the child's mother submitted an affidavit agreeing not to proceed with the diksha ceremony, which was scheduled to be held in Mumbai in February 2026.
Legal Battle Over a Child's Future
The father approached the Surat family court under the Guardians and Wards Act, 1890, seeking to be appointed the legal guardian of his daughter. He contended that his estranged wife had decided, against his wishes, that their young daughter should take diksha and become a nun. The couple, who married in June 2012, have two children: the seven-year-old girl and a five-year-old son.
According to the petition, the mother left the family home with both children in April 2025 after disagreements arose specifically over the issue of their daughter's diksha. The father later learned from the community that his daughter's name was included in a group diksha programme for 59 persons set for February 8, 2026, in Mumbai's Borivali area. The group included 18 males and 41 females, with his daughter poised to be the youngest initiate at just seven years old.
Court Proceedings and the Interim Stay
The father filed his petition on December 9, requesting the court to make him the child's legal guardian to protect her interests. The court subsequently summoned the mother. During the hearing on Monday, the court directed the mother to file an affidavit stating she would not proceed with the diksha process.
"The court granted our plea for an interim stay on the girl's diksha and scheduled the next hearing for January 2. It asked the mother to file an affidavit stating that the child will not take part in the ceremony," said Samapti Mehta, the advocate representing the father. The mother complied with the court's direction and submitted the required affidavit.
Conflicting Claims and Allegations
The father's petition argued that a seven-year-old child is incapable of making such a profound, life-altering decision independently. It further alleged that the mother had taken their daughter to religious gatherings and, on one occasion, left her alone with a guru at his Ahmedabad ashram without the father's consent. Another allegation stated the girl was once left at the ashram of a Jain monk in Mumbai where the father was not permitted to meet her.
Both parents were present in the courtroom on Monday. After submitting her affidavit, the mother told mediapersons that the father was present with the Maharaj Saheb when the decision regarding the girl's diksha was made. The father countered this claim, stating he was told to remain present with the Maharaj Saheb only if he wanted to save his marriage, implying coercion.
The case highlights the complex intersection of religious practice, parental rights, and child welfare in India. The court has put the major religious ceremony on hold until the next hearing, ensuring the child's future remains a subject of legal scrutiny rather than unilateral parental decision. The matter will be heard again on January 2, where further arguments regarding custody and guardianship are expected.
