--By Advocate Ankita Sarangi--
Can you get a divorce from your parents?
In countries such as USA, the minors seeking freedom from parental control, mostly above the age of 14 years, having a legal documented independent source of income showing financial self sufficiency, that they are not relying on their parents financially and living away from the parents with their permission can seek emancipation or separation from their parents. The conditions are different in different states and jurisdictions. Emancipation is not an easy status to obtain especially if one is petitioning in court, the easiest mode in those jurisdictions is through marriage and enlisting in military. Even in USA, not all states have an emancipation law. Most jurisdictions having a law also have a consent clause which means the parents have a right and option to either disagree/ object or give their consent to it.
However, such a law is not in place in India which only justifies the legal and societal construct that shelters minors to the extent of not enabling financial independence, compared to the minors from other countries who are encouraged to be self reliant before even reaching adulthood.
In a developing country such as India with a history of an accepted dependence on parents, the prospect of emancipation might not seem feasible in the prevailing scenario. Currently, neither is there any enabling legislation supporting emancipation from parents in India.
The age of majority in India is different for different purposes. Even under the Contracts legislation, a minor is not legally considered competent to enter into a contract. Such an agreement or contract would be considered void ab initio but in countries such as England, it is still voidable.
Even Judicially in India, the Principle of Parens Patriae or Latin for "parent of the nation is applied in the strictest sense. The obligation on parents to support and shelter the minors is so ingrained in our social fabric that to bring about a change in the law, first it is important to make it more conducive for youngsters to take up any job, "big or small" and not attach a label or status. Empirically, most minors from the current generation are very independent in their outlook and are ready for a change of the social and legislative construct.
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