Lawstreet Journal

Obtaining only mother's name as legal guardian on PAN & other documents is difficult: Suo Moto cognizance taken by the Rajasthan High Court

Lawstreet Journal 26 Mar 2022 11:42pm

Image courtesy: Lawstreet Journal Judiciary Obtaining only mother's name as legal guardian on PAN & other documents is difficult: Suo Moto cognizance taken by the Rajasthan High Court

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"… Continue Reading...


Tagged: Rajasthan High Court  
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