Court cannot assume the role of super guardian: SC

Hearing a Special Leave Petition, the Supreme Court has ruled that the court cannot assume the role of the super guardian.

“A major is entitled to the freedom of choice. As long as the choice remains, the court cannot assume the role of the super guardian, moved by the sentiment of the mother or the egotism of the father,” the court said.

The petition was filed by the mother of an 18 year old daughter against the order of the Kerala High Court had not accepted the contention of the present petitioner that her children, the daughter and a minor son, were being illegally detained in Kuwait by their father, the present respondent.

The daughter who was present during the hearing said that she is a major as her birth date is September 19, 1998.

The daughter also informed the court that she is currently pursuing a Bachelors degree in Sociology from Kuwait and her career is of utmost importance to her for which she wishes to remain in Kuwait and not relocate to India.

Refusing to acknowledge the e-mails allegedly written by the daughter to the present petitioner, stating her plight in Kuwait and expressing her wish to reside with the mother, the court said, “We are only concerned with the right of a major to exercise her choice and freedom. It takes no special emphasis to state that the attainment of majority in an individual’s life is of immense significance. The court cannot get into the aspect of whether or not there was exertion of force by the father. We can also not get into the reasons behind the daughter’s wish to stay in Kuwait.”