The Rajasthan High Court in Jaipur has recently taken suo moto cognizance of an individual facing difficulties in getting registered his mother's name as his sole legal guardian on PAN and other documents.
Justice Sameer Jain took suo moto cognizance based on a report published in The Hindu on March 8, 2022 titled , Want mother’s name on documents? Get ready for the run-around”.[1] The case was filed with the court on International Women's Day, March 8, 2022, and was assigned to the division bench of the High Court.
The division bench granted both the Union and State governments three weeks to file an affidavit explaining where and in what departments the names of mothers are mentioned and used as a practise on 10.03.2022. The court has appointed Divyesh Maheshwari as an amicus curiae.
The Bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer Jain, observed,
"Having heard learned counsel for the parties, we are inclined to grant three weeks’ time to the learned Advocate General and learned Additional Solicitor General to facilitate filing of specific affidavits in the matter in the spirit of order passed on March 8 , 2022 while taking suo moto cognizance in matter”.
The Hindu Minority and Guardianship Act, 1956 (HMGA) was challenged for violating the guarantee of equality of sexes under Article 14 of the Constitution in Ms. Githa Hariharan & Anr vs Reserve Bank Of India & Anr on 17 February, 1999[2], and the Supreme Court held that the term "after" should not be construed to indicate "after the father's lifetime," but rather "in the absence of the father." However, the decision failed to recognise both parents as equal guardians, instead favouring the father. The HMGA has yet to be modified, despite the fact that the courts are required to respect it under the Law of Precedents.
According to the report, Suvam "had fought an embittered battle to have all of his primary cards, which he is entitled to as an Indian citizen, issued with only his mother's name as the legal guardian." According to the report, the PAN card was the last document he was waiting for after numerous rejections.
According to the report, in cases of guardianship of a minor, Indian regulations had given father the prime importance .
Mr. Divyesh Maheshwari, amicus curiae, Mr. M.S. Singhvi, AG with Mr. Pranav Bhansali, Mr. Mr. R.D. Rastogi, ASG, and Mr. Siddharth Ranka are among the lawyers who have appeared in this case.
[1] Want mother’s name on documents? Get ready for the run-around by Soma Basu and Jagriti Chandra , Updated : MARCH 08, 2022 08:57 IS
[2] https://indiankanoon.org/doc/1241462/
