Minority and Guardianship
Change of surname of child—Subject matter of dispute between mother and grandparents of child is the surname given to the child—Direction by the High Court to include the name of appellant’s husband as step-father in documents—Appeal—Mother remarried after the death of her husband—Mother being the only natural/legal guardian of child after the death of the biological father can decide the surname of child—She also has the right to give the child in adoption—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. [Hindu Minority and Guardianship Act, 1956, Section 6]
[Para 19]
Pleading
Relief beyond pleading—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—While directing for change of surname of the child, the High Court has traversed beyond pleadings and such directions are liable to be set aside on this ground.
[Para 15 to 18]