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In India, there have been a few cases where parents have attempted to disown their children, and the courts have had to intervene to resolve the matter. Here are some notable cases:
In 2019, the Bombay High Court ruled that a mother could not disown her son just because he was gay. The court held that sexual orientation was not a valid reason for disinheritance.
In 2016, the Delhi High Court held that a father could not disown his son on the grounds of his religion or caste. The court noted that such discrimination was against public policy and morality.
In 2015, the Supreme Court of India held that a father could not disown his son on the grounds of his marriage to a woman from a lower caste. The court noted that caste-based discrimination was a social evil that had to be eliminated.
In one such instance that came to light, a son from a very reputed family was accused of cruelty under Section 498A, the parents feeling they will also be pulled into the matrimonial dispute and false charges can be pressed against them, also feeling ashamed and embarrassed attempted to disown him.
However, it is important to remember that every accused person is innocent until proven guilty, and the son has the right to defend himself in a court of law. The parents should support their son in his legal defence and work towards resolving any underlying issues in a constructive manner.
Overall, the courts in India have taken a strong stance against disowning children on the basis of arbitrary factors such as their sexual orientation, religion, or caste. Parents who wish to disinherit their children must have valid legal grounds for doing so and should seek legal advice before taking any such action.
Disowning Children due to Love Marriage
Some parents may disown their children if they choose to marry someone of their own choice, especially if the marriage is outside their caste, religion, or community. Here are some reasons why parents may disown their children in such cases:
Societal pressure: Indian society places a lot of emphasis on traditional values and customs, and some parents may feel pressured by their community to conform to these norms. In such cases, parents may disown their children to avoid social stigma or shame.
Fear of losing face: In some families, the honor and reputation of the family are closely tied to the actions of its members. If a child’s actions are perceived to be damaging to the family’s reputation, parents may disown them to protect their own honor and status.
Fear of losing control: Parents may disown their children if they feel that they have lost control over them. This can happen if the child defies their parents’ wishes or makes choices that the parents do not approve of.
Religious or cultural differences: Some parents may disown their children if their child’s partner belongs to a different religion or cultural background. This can happen if the parents feel that their own traditions and values are threatened by the child’s choices.
It is important to note that disowning a child can have serious emotional and psychological consequences for both the parents and the child. Parents who are considering disownment should seek counselling or mediation to address any underlying issues and try to find a way to reconcile with their child.
Here are some legal and practical steps that a child can take in such a situation where a parent attempts to disown him / her:
Seek legal advice: The child can consult a lawyer to understand their legal rights and options. The lawyer can advise them on matters such as inheritance, property rights, and guardianship.
Try to reconcile: The child can attempt to reconcile with their parents by reaching out to them, seeking counselling or mediation, or involving a trusted family member or friend.
File a case: In some cases, the child may need to file a case in court to assert their legal rights, such as a case for maintenance or a case for the partition of family property.
Seek emotional support: Disownment can be emotionally traumatic for a child, and they may need emotional support from friends, family, or a mental health professional.
Become financially independent: If the child is of working age, they can focus on becoming financially independent and building their own life. They can pursue education or employment opportunities to secure their financial future.
It is important to note that every case of disownment is unique, and the child’s specific situation will determine the best course of action.
Conclusion :
In India, there is no specific law that allows parents to disown their children. However, parents can choose to disinherit their children by creating a will, which can specify how their property and assets will be distributed after their death.
Under the Hindu Succession Act, a person has the right to dispose of their property through a will. However, there are certain legal requirements that must be met to make a will valid. For example, the person making the will must be of sound mind and must sign the will in the presence of two witnesses who are not beneficiaries.
It is also important to note that disinheriting a child can have emotional and psychological consequences. Parents should consider counselling and family therapy to address any issues they may have with their child before considering disowning them. Additionally, parents should seek legal advice before disinheriting their child to ensure that they are following the proper legal procedures.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
