Courts cannot assume the role of “super guardians” as adult individuals have every right to make their own choices, the Supreme Court said on Friday, refusing a mother’s plea seeking custody of her daughter who stays with her Kuwait-based father.
A bench headed by Chief Justice Dipak Misra made the remark after the 20-year-old woman submitted that she wants to stay with her father and work in Kuwait.
“Attainment of majority in an individual’s life has its own significance. One is entitled to make a choice. Courts cannot, as long as the choice remains, assume the role of parents. She is entitled to enjoy her freedom as the law permits her,” the top court said.
The mother had sought contempt action against her estranged husband as he violated the court’s orders in 2011 and 2013 that gave interim custody of the couple’s two kids to her.
The arrangement was to be followed until the guardianship court in Kerala decided the couple’s case for final custody of their children. But by the time the trial court gave its order, the daughter reached adulthood.
When the top court took up the mother’s petition on September 1 last year, it sought to speak to her to know her choice.
{{/usCountry}}When the top court took up the mother’s petition on September 1 last year, it sought to speak to her to know her choice.
{{/usCountry}}The girl told the bench she was pursuing her graduation from IGNOU and doing her internship in Kuwait and, hence, would prefer to stay there. “For me, my studies and future is more important,” she told the judges.
The advocate for the mother contended that the daughter was coerced by her father to make the submission. “We cannot force her to go with you. She has spoken her mind,” the bench told the lawyer.
As for the couple’s 13-year-old son, the court said he will be with the mother during his summer break.
The same bench had refused in November last year parental custody of a 25-year-old Hindu woman who embraced Islam and married a Muslim man. The court sent her back to the medical college to complete her course in homeopathy.