Surat: A legal dispute over religious initiation has emerged in Gujarat, where a Jain father has approached the family court in Surat seeking custody of his seven-year-old daughter. The man contends that his estranged wife is attempting to have their daughter take diksha—the formal initiation into monkhood—against his wishes. The father claims that, as the child is a minor, she is legally incapable of making such a decision, and he seeks the court’s intervention to prevent the ceremony.

The petition, filed under the Guardians and Wards Act, 1890, requests that the father be appointed the child’s legal guardian so he can protect her welfare and interests. Family Court Judge S. V. Mansuri on Wednesday issued a notice to the respondent, the mother, seeking her reply by December 22.

Background of the Dispute

According to court documents, the couple married in 2012 and have two children together. However, the marriage has been strained, and the couple has been living separately since 2024. The dispute over their daughter’s religious initiation has become a point of contention between the estranged spouses.

The petitioner stated that discussions regarding their daughter’s religious upbringing had taken place previously. Both parents had initially agreed that the child could take diksha, but only after reaching an appropriate age and maturity to make her own informed decision. However, the mother allegedly insisted on going ahead with the initiation during a mass ceremony scheduled in Mumbai in February 2026, without consulting or obtaining consent from the father.

The father’s petition claims that this unilateral decision contradicts the prior understanding between the parents and violates his parental rights. He alleges that his wife left home with both children in April 2024, claiming she would only return if he agreed to their daughter’s diksha. Subsequently, she maintained her insistence on conducting the ceremony regardless of his objections.

Concerns Raised by the Father

The father emphasized that at seven years of age, the child is too young to make such a profound decision independently. He argued that forcing her into monkhood at this stage could have long-lasting effects on her psychological and emotional well-being. “Being a minor, she cannot take a decision of this magnitude on her own,” the petition stated.

He also alleged that the mother has exposed the child to religious practices without his consent, including taking her to various Jain gatherings and ceremonies. On one occasion, he claims, the mother left their daughter alone with a guru at an ashram in Ahmedabad. The father was reportedly unaware of the visit and did not provide consent for the child to stay with a religious teacher for an extended period.

Later, he learned that his daughter had been left at the ashram of a Jain monk in Mumbai. When he went to meet her, he was allegedly prevented from seeing his own child. This, the petition claims, demonstrates a pattern of unilateral decisions regarding the child’s religious life that undermines his parental authority.

Legal Context and Guardianship

Under Indian law, the Guardians and Wards Act, 1890 empowers courts to intervene in matters where the welfare of a minor is at stake. The father’s petition seeks to have the court appoint him as the child’s legal guardian, giving him the authority to make decisions in her best interests, including those related to religious and educational matters.

Family courts in India are guided primarily by the principle of the welfare of the child, which takes precedence over other considerations, including parental preferences. In cases involving religious initiation or education, the court evaluates factors such as the child’s age, maturity, understanding, and best interests before deciding whether to allow or delay such activities.

Perspectives on Religious Initiation

Initiation into monkhood, known as diksha in Jainism, is a significant religious rite that involves renunciation of worldly life, commitment to spiritual discipline, and strict adherence to religious vows. While the practice is respected within the community, the timing of initiation—especially for minors—can raise ethical and legal concerns.

Experts in child rights and religious law note that while families often have deep cultural and spiritual motivations for such ceremonies, children cannot legally provide informed consent. Therefore, any unilateral action by a parent to initiate a minor into religious life without the other parent’s agreement may be contested in court.

Implications for Custody and Parental Rights

This case underscores broader questions about parental rights and religious freedom in the context of minors. The father’s petition frames the mother’s actions as an infringement on his rights to participate in major decisions affecting his child. If the court sides with the father, it could result in him gaining temporary or permanent custodial rights over the child, specifically with regard to religious and educational decisions.

The case may also set a precedent for similar disputes in India, where parents are increasingly seeking legal guidance on matters of religion, education, and child welfare. Courts are often asked to balance the right of a parent to guide a child’s religious upbringing with the principle of protecting the child’s overall welfare.

Court Proceedings and Next Steps

Judge S. V. Mansuri has issued a notice to the mother, giving her time to respond to the petition by December 22. During this period, both parties are expected to submit arguments and evidence regarding the child’s welfare, religious education, and readiness for initiation into monkhood.

The court may consider several factors while deciding the case:

1. Age and maturity of the child – The child’s ability to understand the consequences of monkhood and religious renunciation.
2. Parental consent and communication – Whether both parents agree on the timing and nature of the religious ceremony.
3. Psychological and emotional impact – Potential effects on the child’s mental health and overall well-being.
4. Cultural and religious context – The significance of diksha within Jainism and customary practices.

The court may also appoint a child welfare officer or guardian ad litem to assess the situation and report on the child’s best interests before making a final decision.

Broader Social and Cultural Context

Cases like this reflect the tension between cultural traditions and modern legal frameworks in India. While religious rites such as diksha are highly respected and historically significant, modern legal standards increasingly emphasize child rights, informed consent, and parental balance.

Experts note that early initiation into monkhood may have profound effects on a child’s education, social development, and future opportunities. Family courts often prioritize these concerns when deciding whether to delay or allow religious ceremonies for minors.

Furthermore, this case highlights the challenges faced by estranged or separated parents in making joint decisions for their children. Courts often intervene to mediate conflicts where one parent’s actions may significantly affect the minor without the other parent’s consent.

Conclusion

The Surat family court is now tasked with resolving a sensitive and complex dispute involving religion, parental rights, and child welfare. The petition by the father seeks to ensure that the seven-year-old girl is not forced into monkhood prematurely, emphasizing her inability to make such a decision independently.

As the case progresses, it is likely to draw attention from both the Jain community and child rights advocates, given the delicate balance between religious practices and legal protections for minors. Ultimately, the court’s decision will hinge on the principle of the welfare of the child, ensuring that the child’s best interests are prioritized above all other considerations.

The hearing scheduled after December 22 is expected to examine both the legal arguments and the cultural context, potentially providing a landmark ruling on how Indian family courts handle disputes over religious initiation of minors.