NDLI: Mrs. Akella Lalitha Vs. Sri Konda Hanumantha Rao & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Family Law – Surname of child – Dispute between Appellant- mother and respondent-grandparents (parents of deceased father of the child) with regard to surname given to the child
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Family Law – Surname of child – Dispute between Appellantmother and respondent-grandparents, (parents of deceased father of the child) with regard to surname given to the child – Whether Appellant-mother, who is the only natural/legal guardian of the child after the death of the biological father can decide the surname of the child – Can she give him the surname of her second husband whom she remarried after the death of her first husband and can she give the child for adoption to her husband – Held: Appellantmother being the only natural guardian of the child has the right to decide the surname of the child – She also has the right to give the child in adoption – After demise of her first husband, being the only natural guardian of the child, the appellant-mother cannot be lawfully restrained from including the child in her new family and deciding the surname of the child – Nothing unusual in Appellantmother, upon remarriage having given the child the surname of her husband or even giving the child in adoption to her husband – Hindu Minority and Guardianship Act,1956 – s.6 – Hindu Adoption and Maintenance Act, 1956 – s.9(3) and 12. Family Law – Surname of child – Dispute between Appellantmother and respondent-grandparents (parents of deceased father of the child) with regard to surname given to the child – Appellantmother remarried after death of her first husband – Whether High Court had the power to direct Appellant-mother to change the surname of the child specially when such relief was never sought by respondents in their petition before the trial court – Held: The Court may have the power to intervene but only when a prayer specific to that effect is made and such prayer must be centered on the premise that child’s interest is the primary consideration and it outweighs all other considerations – While the Court is not apathetic to the predicament of the Respondent grandparents, it is a fact that absolutely no relief was ever sought by them for the change of surname of the child to that of first husband/ son of respondents – In this case while directing for change of surname of the child, the High Court traversed beyond pleadings and such directions are liable to be set aside on this ground – Hindu Minority and Guardianship Act, 1956 – s.6 – Hindu Adoption and Maintenance Act, 1956 – s.9(3). Family Law – Surname – Relevance of – Discussed. Family Law – Adoption – Object in the past – Modern adoption theory – Held: While the main object of adoption in the past has been to secure the performance of one’s funeral rights and to preserve the continuance of one’s lineage, in recent times, the modern adoption theory aims to restore family life to a child deprived of his or her biological family. Pleadings – Grants of relief for which no prayer or pleading was made – If justified – Held: Relief not found on pleadings should not be granted – If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2022 INSC 759
Petitioner	Mrs. Akella Lalitha
Respondent	Sri Konda Hanumantha Rao & Anr.
SCR	[2022] 6 S.C.R. 790
Judgement Date	2022-07-28
Case Number	6325

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