While hearing a case of a mother seeking custody of her adult daughter who wants to go to Kuwait and live with her father, a Supreme Court bench headed by Chief Justice of India Deepak Mishra said it is adult an woman's right to choose what she desires in life.
The apex court nullified the family court’s order of allowing the mother to take custody of her major daughter. It said on Friday that “courts cannot play super-guardian” in case of adult women who have the right to take their own decisions in life.
"She is entitled to enjoy her freedom as a major, she is entitled to go wherever she wants, do whatever she likes..," maintained the CJI, News 18 reported.
The bench further contended that as an adult woman, the daughter has the absolute right to choose where she wants to spend her life.
"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," concluded the bench
Incidentally, the same bench a few weeks back refused to give the custody of Hadiya to her parents in the case where a Hindu girl married a Muslim man and converted to Islam. The court heard 25-year-old Hadiya in an open court and she revealed the desire of completing her studies. It then ordered that her college will have to admit Hadiya back and let her complete her graduation.
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Hadiya had also asked her husband to get her custody, but the court rejected the idea. Instead, they made the college dean her guardian.
Time and again, women have to fight for their right to live and exercise freedom. In a conservative society like ours, we even have to fight for the most basic rights to choose as an adult woman.
Picture credit- LiveMint
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