In a significant development in a sensitive family dispute, the Surat Family Court on Monday granted interim relief to a father petitioning against the initiation of his seven-year-old daughter into Jain monkhood. The court directed the child's mother to submit a formal undertaking that the minor will not participate in the proposed 'Diksha' ceremony.
Court's Interim Order and Mother's Affidavit
The court's direction came during a hearing on the father's petition seeking custody of his two children, aged five and seven, from his estranged wife. Complying with the court's order, the 37-year-old mother filed an affidavit stating that the Diksha ceremony, which was scheduled to be held from February 2 to February 8, 2026, has been "set aside for the time being." The court has asked her to formally file an undertaking to this effect.
The father had approached the Surat Family Court on December 10 under the Guardians and Wards Act, 1890. He alleged that his wife, from whom he has been separated for over a year, decided to initiate their daughter into monkhood without his consent. He sought to be appointed as the child's legal guardian to protect her welfare.
Contradictory Claims of Consent
The case has seen conflicting submissions regarding parental consent. The mother argued before Judge SV Mansuri that the entire religious initiation process was undertaken with the father's knowledge and consent. She presented evidence, including photographs, showing the father present at meetings with a spiritual leader who was preparing the child for Diksha.
However, the father's legal counsel, Advocate Samapti Mehta, countered these claims. She stated that the photographs were misleading and that the father was coerced into attending the meeting. "He had been coerced to attend that meeting since the mother had threatened to initiate divorce proceedings if he did not show up," Mehta told The Indian Express. She added that the mother had also threatened that Diksha could be initiated without his consent.
The Heart of the Dispute: A Child's Future
Advocate Mehta emphasized that the child's welfare was central to their arguments. The father is not opposed to the practice of Diksha itself but objects to it being conducted at such a tender age. "Our submission before the court is that the child should be allowed to grow and make an informed choice," Mehta said. She highlighted that the wife, living separately with the children, has her reasons, but the child's right to a normal childhood and future autonomy should be paramount.
The proposed ceremony was to take place in Borivali, Mumbai, from February 4 to 8, 2025. It was expected to see nearly 60 individuals take Diksha, with the seven-year-old girl poised to be the youngest participant.
Outside the court, the parents expressed their divergent views to the media. The mother lamented the public spectacle, stating, "The entire process had been initiated with his knowledge… Approaching the court and making a public spectacle is unfortunate." The father defended his legal action, saying, "I was compelled to move the court as the family had threatened me... I feel my daughter should be allowed to grow up and make a choice of her own." He accused the mother of seeking public accolades for initiating a young child.
According to the affidavit, the couple married in September 2012. The father's plea states that the estranged wife left the matrimonial home in April 2024 to live with her parents after disagreements arose specifically over the issue of their daughter's initiation into monkhood.
The Surat Family Court has scheduled the next hearing in the custody matter for January 2.
