Divorced Father Approaches Gujarat High Court to Protect Fatherhood Rights
A divorced man from Ahmedabad has approached the Gujarat High Court with a heartfelt plea. He fears being completely shut out of his son's life. This comes after a family court in Surat appointed his separated wife as the sole guardian of their 10-year-old child.
The Background of the Family Dispute
The couple married in 2013. Their son was born in 2015. They decided to part ways and obtained a divorce by mutual consent in January 2021. As part of their settlement, they agreed the child would remain in the mother's custody. The father received specific visitation rights to maintain his relationship with his son.
The situation changed when the woman remarried in 2022. She then applied to the Surat family court. She sought to be appointed as the legal guardian of their son under sections 7 and 9 of the Hindu Minority and Guardianship Act. In November 2025, the family court granted her request, making her the child's sole guardian.
The Father's Legal Challenge and Fears
Deeply concerned by this development, the child's biological father filed an appeal in the Gujarat High Court. He challenged the family court's order. The appellant argued that such a guardianship declaration cannot be made merely for convenience. He emphasized that, according to the law, the biological father is the first natural guardian for a child above five years of age.
In his appeal, the father revealed a key point from the family court proceedings. His former wife had stated that having the biological father's name on the child's birth certificate and official records was causing her practical difficulties. The father now lives with a serious apprehension. He worries that with full guardianship rights granted to the mother, he faces complete alienation from his son's life.
The father expressed specific fears about losing any influence over his son's education and future decisions. He is particularly anxious that the mother might pursue adoption of the child in favor of her new husband. Furthermore, he is concerned his name could be erased from the child's official documents.
Legal Arguments and Father's Plea
The High Court recorded the appellant's legal submissions. He strongly relied on Section 6 of the Hindu Minority and Guardianship Act, 1956. This section establishes the father as the natural guardian first, followed by the mother, except for children under five.
The father described the emotional impact of the family court's order. He contended, "The nature of the order is such that the appellant would be deprived of his fatherhood." He also complained about being deprived of the visitation rights originally agreed upon.
In his plea to the High Court, the father made several requests:
- Implementation of his court-mandated visitation rights.
- Participation in consultations regarding his son's education and overall wellbeing.
- A legal assurance that his name would not be removed from his child's official records.
High Court's Initial Response
A bench comprising Justice Sangeeta Vishen and Justice Nisha Thakore heard the appellant's arguments. After considering his submissions, the bench issued a formal notice to the respondent, the child's mother. The court has directed her to respond. The case is now returnable for further hearing on February 13, 2026.
This case highlights the complex emotional and legal challenges that can arise post-divorce, especially concerning child custody and parental rights. The Gujarat High Court's upcoming proceedings will be crucial in determining the future of this father-son relationship.
