Supreme Law News

Can parents stop children from marrying on their own ?

Parents still don't approve of their children getting married on their own and even go so far as to file a formal complaint: Allahabad High Court Voices Worries*

Sections 363 and 366 of the Indian Penal Code (IPC) and Sections 7/8 of the Protection of Children from Sexual Offences (POCSO) Act were invoked in the criminal case against a man, which was dismissed by the Allahabad High Court.

Concerning the choices made by children in marriage, the Court noted that cultural pressures were causing lawsuits against them.

This is an obvious example of the dark side of our culture, said Judge Prashant Kumar of the Bench. In modern times, parents who do not approve of their child's marriage due to social pressure and familial ties even file F.I.R. against the male when their child marries for the first time.

The applicant was living together with the third party, the opposing party no. 3, after they were married. Dissatisfied with the marriage, the third party's father made a formal complaint, resulting in the filing of a charge sheet and the issuance of a summons.

The attorney for Opposite Party No. 3 attested to their happiness and marital status, saying that the father's discontent with the marriage led to the start of the lawsuit.

The Court voiced worry about the pressures from society that result in these kinds of situations, where parents take legal action against their children's marriage decisions. "The court records its deepest anguish, whereby this social menace is so deeply ingrained that even after 75 years of independence we are fighting the cases with his opponents on this score alone," the court continued after hearing from the parties.

The Court noted rulings that emphasized a person's right to choose their spouse and place of residence, regardless of age, provided the person is sui juris and older than eighteen. According to the ruling of the Hon'ble Apex Court in the case of Mafat Lal and Another Vs. State of Rajasthan in Crl. Appeal No. 592 of 2022 decided on March 28, 2022, there cannot be any obstacle in accepting this marriage, even though it is the biggest obstacle in our society. The court stated, "This is the greatest impediment in our society."

The Court granted the application under Section 482 Cr.P.C. and quashed the proceedings of the criminal case described, taking into account the happy married status of the applicant and opposite party no. 3 as well as legal precedents safeguarding individual liberty.

Cause Title: Sagar Savita v. State of U.P. & Ors., [2024:AHC:15322]

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( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.