Court stays diksha of 12-year-old amid custody dispute
The applicant also argued that 12 years is not an age to make the decision to take 'diksha'. The court stayed the ceremony until the father's plea for custody under the Guardians and Wards Act is disposed of.
According to details, the boy's father and mother married in 2008 in Vijapur town of Gujarat. After the marriage, they started living in Indore where the boy was born. Due to disputes, they parted ways and filed separate cases in courts over marital and other issues.
The custody of the boy remained with the mother.
In Nov 2023, the father filed a guardian plea in family court and later sought his interim custody in April 2025. However, while the case was pending in court, the father learned that his son would be given 'diksha' in a ceremony on May 21-22 in Surat's Pal area. The father moved the family court and objected to it.
The father's advocate, Naresh Gohil, argued in court, "This diksha was planned to deprive the father of natural guardian's rights.
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At this age, the child needs to play and study in school. The boy is a minor, and the mother cannot make decisions for his future unilaterally. Diksha should be stopped in the interest of justice when the custody plea is pending before the court."
On the other hand, the opposition's advocate argued, "In 2016, the applicant asked the mother and son to leave the Indore home. He never cared for his son. The applicant also did not pay regular maintenance as directed by the court.
If he loved his son, he would file a guardian custody plea much before 2023. The boy decided to take diksha on his own, which is good. The Constitution gives the right to everyone to follow their religion.
As per Jain religion, a person above eight years of age can take diksha. This plea is nothing but to harass the boy and his mother."
After listening to both sides, the court observed, "If the boy takes diksha, there will be no meaning to the main custody plea of the parent under the Guardians and Wards Act. In this case, if diksha is taken, it is possible that the father may not get custody in the future if his plea is accepted. It will result in a big loss to the applicant. So, until the custody plea under the Guardians and Wards Act is disposed of, the mother should not give custody of the boy to anyone and not organise his diksha.
"
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