Today, On 13th December, Chief Justice of India, Sanjiv Khanna, rejected a petition by parents seeking to annul their adult daughter’s marriage. He emphasized that a child is not property and urged the parents to respect her decision. The case involved the marriage of a consenting adult woman. The ruling reinforced the rights of individuals to make personal life choices.
New Delhi: The Supreme Court dismissed a plea from the parents of a woman seeking criminal action against her partner, stating, “A child is not a chattel.”
The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, noted that the woman was not a minor at the time of her marriage.
The court emphasized that the FIR filed because the parents did not accept the relationship.
Urging the parents to accept their child’s marriage, the Chief Justice remarked,
“You don’t have the right to imprison… You treat your child as a chattel. A child is not a chattel,”
The court also highlighted inconsistencies in the birth certificate submitted by the woman’s parents and indicated that it would not pursue the matter further.
The bench stated,
“We are not inclined to interfere with the high court order,”
On August 16, the Madhya Pradesh High Court at Indore had quashed an FIR against a Mahidpur resident, which involved allegations of abduction and sexual assault of a minor. The father reported his 16-year-old daughter missing, claiming she was lured and kidnapped.
However, the high court dismissed the FIR, acknowledging that the girl was of legal age and had married consensually.
The Supreme Court upheld the high court’s decision and refused to set-aside it.
The legal provisions concerning parents opposing their adult daughter’s marriage are grounded in the rights and autonomy granted under Indian law. Key points include:
1. Right to Marry
- Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes the freedom to marry a person of one’s choice.
- The Supreme Court of India has upheld this right in multiple judgments, emphasizing individual autonomy.
2. Majority and Consent
- Under the Indian Majority Act, 1875, a person attains the age of majority at 18 years.
- Once an individual reaches the age of majority, they are legally competent to make personal decisions, including marriage.
3. Special Marriage Act, 1954 / Hindu Marriage Act, 1955
- Both Acts recognize the right of consenting adults to marry, irrespective of parental approval.
Parents opposing such marriages lack legal standing to annul or interfere unless they can establish valid concerns such as coercion, fraud, or lack of consent. Otherwise, the adult’s decision prevails under Indian law.
This ruling highlights the judiciary’s commitment to protecting individual rights and ensuring that personal choices are respected in a democratic society. By rejecting the parents’ plea, the Supreme Court reinforced the principle that autonomy and dignity are cornerstones of a person’s existence. The judgment sends a strong message against archaic practices and promotes progressive values in India.
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