Child not chattel, accept daughter’s marriage: SC to couple

Noting “a child is not a chattel”, the Supreme Court on Friday dismissed a petition filed by the parents of a woman from Madhya Pradesh seeking criminal action against her partner on the ground she was a minor when she married him.

“You don’t have the right to imprison. You do not accept the relationship of your major child. You treat your child as a chattel. A child is not a chattel…. Accept the marriage of your child,” a Bench led by Chief Justice of India Sanjiv Khanna told the woman’s parents. The Bench sought to emphasise the girl was not a minor at the time of marriage and the FIR was lodged against her husband as her parents did not accept the marriage.

Pointing out discrepancies in the woman’s date of birth certificate submitted by her parents, the Bench said, “We are not inclined to interfere with the high court order.”

The Indore Bench of the Madhya Pradesh High Court had on August 16 quashed an FIR lodged against a resident of Mahidpur in a case involving alleged abduction and sexual assault of a minor whose father alleged that his 16-year-old girl was missing and that a man lured and kidnapped his daughter. However, the high court quashed the FIR in view of the fact that the girl was major and she had married the man on her free will.