When Shonit was born, Mr. and Mrs. Dubey were overjoyed, after all it was a son. They had dreams of showering him with all the love, giving him the best of education, providing all the opportunities, best job prospects, a supportive wife and lovely kids. Their plan went in the right direction as they bore the cost of overseas pilot training, expensive marriage, reception in a top-notch hotel, luxury car, international honeymoon. However, even after 5-6 years of marriage, Shonit and his wife had no child. Mr. and Mrs. Dubey in their “golden age” were hopeful since Shonit’s marriage, to soon hold their grandchild in their arms. But alas, the young couple had no plans as they lived their life on their own terms.
On the other hand, Mr. and Mrs. Dubey took this decision as a neglect of the elderly and their financial sacrifices for raising their son and spending a fortune on his studies and training. Explore what happened next and how this normal family tale sprouted a legal dispute. But first, let’s explore the role of parents legally.
When can a Mother sue her son, daughter-in-law?
Legally, there are various scenarios when a mother can sue her children.
- Maintenance
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 entitles parents to be maintained by their children. In other words, children who abandon their parents who are senior citizens can be sued. They are obliged by law to maintain such parents who are unable to maintain themselves. If they have no means to take care of themselves financially, the son or daughter-in-law (in specific cases) can be compelled by law to pay the maintenance.
- Domestic Violence
The Protection of Women from Domestic Violence Act, 2005 is a special law which protects women against domestic violence. When a woman faces domestic violence, provisions for maintenance, residence rights or specific protection are provided under this law. The specific types of domestic violence recognized under the Act are physical, mental, economic violence, etc. A mother can sue her son and a mother-in-law can sue her daughter-in-law in case she is aggrieved of domestic violence in the shared household.
- Civil Suit for Compensation
Since here we are talking about a case where a mother sues her son, daughter-in-law on the pretext that the parents bore expenses of their son’s expensive education, wedding, honeymoon, etc. So the question arises, can they seek compensation for doing all this? The answer totally lies with the Court which decides the matter in the Court of law. However, when parents spend on their children, it is usually a matter of choice. Children are not bound to make life decisions or do things as per their parents’ wish. In turn, they are not usually legally obliged to compensate if they do not follow their parents’ wishes. Thus, a civil suit for compensation may be pursued, but is most probably supposed to flop.
Children Sued for No Grandchild
We have seen the various possibilities when parents or a mother may sue her son or daughter-in-law. However, none of them suggests what happened in this very case. Since Shonit and his wife had been married and not ready to have a child, the parents tried their last resort. They sued their children for mental harassment because they wanted to become grandparents. Now whether any such right exists is a matter of discussion and decision by the Court.
Right to become Grandchildren: Reality Unveiled
Legally speaking, to or not to have a child, and rights of proposed grandparents depends upon the following legal facets.
- No Legal Duty to Conceive a Child
In India, there is no personal or secular law which could force a couple into having children. Even parents are in no position to legally force their sons or daughters to conceive and give birth to children.
- No Right to Become Grandparents
A person may have the right to become parents, and progeny may be said to be a fundamental right. This is a private decision of the couple to or not to have kids. However, their parents have no fundamental right to become grandparents. It is about family and a private household decision. Law cannot force anyone to have kids just because their parents want so. The law cannot even ask such couples to compensate the parents for not making them grandchildren.
- Bodily Autonomy
The Courts have time and again held that whether a person wants to conceive and give birth to children is a choice. Abortion is also a choice, provided that it is done while complying with the applicable laws. It is about bodily autonomy and a personal decision of those who will be bound by law to take care of the child. Having children is not a casual decision but a lifelong responsibility. Whether a person is ready to have children should never be a forced decision.
- Proof of Harassment
In the instant case, mental harassment is alleged by the parents, caused by not becoming grandchildren. Thus, they will have to prove the kind of harassment they faced, and whether there was any financial loss sought to be compensated.
Expected Outcome
While the Courts dealing with the matter are in the best position to decide whether the claim by Mr. and Mrs. Dubey will succeed or not. However, based on applicable laws, a few things can be assessed – there is no duty upon Shonit to conceive children after marriage, there is no right for Dubeys to become grandparents. As the facts suggest, there is no harassment per se. In case Mr. and Mrs. Dubey can prove domestic violence, there may be maintenance orders passed under the Domestic Violence Act, 2005. Most probably, the matter may be dismissed or the parties may decide the case privately.
In any case, the Court is likely to rule that becoming grandparents is not a right for Mr. and Mrs. Dubey and the duty cannot be forcefully imposed upon children – Shonit and his wife. The major reason is a child is legally his/her parents’ responsibility, and grandparents come after them, in their absence. For elderly people, grandchildren are not just children but a reflection of social insurance, emotional fulfilment and continuity of lineage. But younger couples may have different aspirations. They prioritise career, autonomy, fertility issues, housing costs, etc. So, if the parents (Shonit and his wife) themselves are not ready to have kids due to any reasons, their choice should be respected.
