The Truth About Parents Disowning Children in India

Introduction

Several cases have occurred in India where parents have attempted to disown their children, and the courts have intervened. The following are a few examples:

The Bombay High Court decided earlier this year that a mother cannot disown her son solely because of his sexual orientation. According to the Delhi High Court, such discrimination is contrary to public policy and morality and cannot be tolerated. According to the Supreme Court of India, a father cannot disown his son for marrying a woman from a lower caste because caste-based discrimination must be eliminated.

One such instance involved the parents of a son who came from a very reputed family and were accused of cruelty under Section 498A because they believed they would also become involved in the matrimonial dispute and could be targeted for false accusations. It was also their intention to disown their son as they felt ashamed and embarrassed. However, it is important to remember that everyone is innocent until proven guilty, and the son has a right to defend himself. Parents should support their son in his legal defense to resolve any underlying issues constructively.

The Indian court system has taken a strong stance against disinheriting children based on arbitrary criteria such as sexual orientation, religion, or caste. Before taking any such action, parents should seek legal advice.

Marriages in which the children are disowned

There are several reasons why parents may disown their children if they marry someone of their own choice, especially if the marriage is outside their caste, religion, or community.

Many Indian families place a great deal of emphasis on their society's traditional values and customs, to the point where some parents may feel pressured to conform to these norms. As a result, some parents may disown their children to avoid social stigma and shame.

Depending on the family, honor and reputation are closely tied to a child's actions. If a child's actions are viewed as damaging, their parents may disown them to maintain their own honor and status.

Parental loss of control: The parents may disown their children if they feel that they have lost control over them, such as when a child defies their wishes or decides to make a choice they do not agree with.

Differences in religion or culture:

Children's parents may disown their child if they feel the child is making choices that threaten their own religious or cultural traditions and values, if they believe that the child's choices are going against their own beliefs or values, regardless of the religion or cultural background of the child.

Whenever a parent disowns a child, both the parent and the child may experience severe psychological and emotional consequences. In the case that a parent has been considering disowning their child, they must seek counseling or mediation as a means of resolving any underlying issues and finding a way to reconcile with the child.

Following are legal and practical steps a child can take if their parent disowns them:

Consult a lawyer: Getting an understanding of their legal rights and options is a very important first step. A lawyer can advise the child on matters like inheritance, property rights, and guardianship, as well as advising them on different legal issues.

Attempt to reconcile: There are many options kids have available to them when it comes to reconciliation with their parents, including reaching out to them directly, seeking counseling or mediation, or involving a trusted family member, friend, or therapist.

File a case: Depending on the circumstances, children may need to file a case with the court to assert their legal rights, such as asking for financial support or property division.

Seek emotional support: There is a possibility that a child who has been disowned could need emotional support from friends, family, or a counselor because the experience of disownment can be emotionally traumatic.

Become financially independent by:

Children of working age can ensure a strong financial future by pursuing education and obtaining employment opportunities.

There is no typical disownment case, and the best course of action depends on the specific circumstances surrounding the child that is facing disownment.

Conclusion:

Even though there is no specific law in India permitting parents to disown their children, there are also ways through which parents can disinherit their children by making a will, specifying how ownership of assets and property will be distributed after the parents have passed away.

The Hindu Succession Act requires that certain legal requirements be met by an individual before a will can be deemed valid under the Hindu Succession Act. One of these requirements is that one must be of sound mind and have two witnesses who are not beneficiaries witness the signing of the will.

Furthermore, it is important to note that disinheriting a child can have psychological and emotional consequences. It is recommended that parents seek out counseling or family therapy to resolve any problems their child is having before disowning them. It is also essential for parents to consult a lawyer before disinheriting their children to ensure that the proper legal procedures are followed.