Parental authority cannot be equated with illegal custody, says High Court

The court was hearing a habeas corpus petition filed against the father of a B Tech graduate alleging that her father had taken her in illegal custody and fixed her marriage against her wishes. The father had, however, denied such allegations, claiming that the daughter was, in fact, pursuing further studies in Germany now. The plea was moved by the son of the girl’s aunt. 

A division bench comprising Justice S Manikumar and Justice M Govindaraj on refusing to grant the writ as sought, quoted a Kerala High Court order which said, “We cannot accept as a general principle that the parents are in all circumstances, bound to concede absolute decisional autonomy to their children, even if they have attained majority and remain helpless even in situations where their wards have taken wrong and immature decisions, which will be disastrous not only to the wards themselves but also to the family itself.” 

The bench also quoting another judgement, wherein it is stated: “It cannot be said that having control and supervision of an aged girl by the parents will amount to illegal custody warranting the issue of a writ by this court. 

Parents will naturally be interested in the welfare of their children and unless there are extraordinary circumstances normally they will be the proper persons to take decisions concerning the career and future of their children. 

Parents will be entitled to have control over the children, especially if they are daughters, to protect them from the vagaries of adolescence.” 

Based on this the bench on weighing the parent’s right vis-à-vis the sister’s son rights held that “This court deems it fit to recognise the right of the parent. At this juncture, it is to be noted that it is the specific cause of the father that she would continue her studies in Germany for the next two years and thereafter, her future would be decided.”