A family court in Surat has issued a stay order on the ‘diksha’ (monkhood) ceremony of a 12-year-old boy, following the intervention of his father, who is a businessman in Indore. According to a report by a national daily, the event, scheduled for May 21 and 22, was put on hold amid a fierce custody dispute still pending before the judiciary.
The boy’s parents, separated for several years, remain locked in a bitter legal contest over custody. The father had approached the family court under Sections 7 and 25 of the Guardians and Wards Act, seeking custody rights, a matter that remains unresolved and currently at the stage of evidence.
The court has acknowledged that the child’s custody presently lies with his mother, a Surat resident. However, it took serious note of an invitation card for the monkhood ceremony that had gone viral on social media. The court remarked that the document—submitted in court by the father—clearly stated the ceremony was imminent. The authenticity of the invitation went uncontested by the mother’s legal team.
The judge observed that no mutual settlement or compromise had been placed on record by the defence. Citing Article 25 of the Indian Constitution, the court reaffirmed the right of every citizen to practice and profess their religion—but underlined that such a right could not supersede the rights of a minor, particularly when legal guardianship was still in dispute.
The court said that a minor, in this case only 12, wouldn’t have the maturity and legal standing to decide on such a life choice, which is not reversible.
The father’s lawyer argued that the mother had made a unilateral decision on a matter of profound significance, without his consent, despite the ongoing legal proceedings. He reportedly expressed shock upon seeing the invitation on social media, questioning how the mother could proceed with such a step when he remained a legal guardian. The court was told that monkhood required the boy to sever all ties with family and worldly life—an act the lawyer deemed irreversible, premature, and legally indefensible. He stressed that “religion is not above the judiciary.”
The report added that the mother’s counsel said that the child himself consented to monkhood. She told the court that since their separation, her husband had made no effort to support their son’s education or extend financial support, but has now returned to claim the child’s custody.
The boy’s father, who married the child’s mother in 2008, reportedly had a strained relationship with her, which led to them getting separated in 2016.
The mother returned to her parents in Surat.
In 2018, she filed a complaint at the Adajan police station, accusing her husband and in-laws of dowry harassment and domestic abuse. Anticipatory bail was subsequently granted to the accused. The woman also filed a domestic violence case and sought maintenance for herself and the child through the Surat family court.
Meanwhile, in 2023, the father applied for full custody of his son under the Guardians and Wards Act. On April 24 this year, he also sought interim custody, a decision on which remains pending.
Reacting to the court’s order, the father’s legal representative expressed satisfaction, stating that the judge had rightly noted the gravity of multiple pending litigations. He argued that permitting the boy to proceed with the monkhood ritual would render the entire legal battle meaningless.
The mother’s lawyer, however, voiced discontent with the ruling. She said that they would thoroughly study the order and consider appealing it in higher courts. Scriptures had also been submitted in court, she noted, to support the claim that a boy may enter monkhood upon reaching the age of eight.
For now, the court has made it clear: when it comes to decisions of such irreversible consequence, a 12-year-old cannot be left to navigate the path alone—particularly not when both parents remain at war over his future.
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