NEW DELHI: The Supreme Court on Friday said that ‘every major women has the absolute right to make choices in life’ while 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 also asserted that “court’s can’t play the role of super-guardians.”
“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. She is entitled to go wherever she wants, do whatever she likes,” the CJI observed.
In the present case, the remarks came as the court dismissed a plea by a woman, who was seeking the custody of her major daughter.
In the petition, 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 children to her. However, in September last year, the Bench spoke to the girl in which she told them that she was pursuing her graduation from IGNOU and doing her internship in Kuwait and would prefer to stay in that country.
This was opposed by mother who submitted that her daughter was forced to say this.
“We cannot force her to go with you. She has spoken her mind,” the Bench said. “How can you ask us to make her a victim of contempt? How can we stop her? As a major, she can go to Kuwait and live with her father if she wants,” the Bench said adding the custody of their 13-year-old son will remain with the mother during his summer break.
The court, however, refused to pass any order of custody, pointing out once the girl has become major, she will have absolute right to decide who she wants to live with.