Law ignores the feelings of Indian Parents

GANDHIJI SAID that the stream of justice has to be kept clear and pure and no one can be permitted to take liberties with it by soiling its purity. Yes justice to the Indian Parents, --- how to respect their feelings?

The responsibility of the children towards the parents .. in a situation and when the situation demands and requires... is also an important matter with regard to the non violence in the lives of the parents.

I wish to divide the law for this  specific purpose and just for a moment, into two parts: 

1. Justified Law

2. Unjustified Law

and also Legal but unjustified, illegal but justified.

A girl after attaining the age of 18 years can marry any boy who get the age of 21 years. That marriage includes love marriage etc., That marriage is legal, but I wish to state as under:

In order to safeguard the societal norms and social standing and the reputation,. and to avoid the cultural differences and more importantly to respect the feelings of the parents, who brought up their children from the day 1 to 18 years, I propose the law to that extent that a girl or boy when wish to marry after attaining the age of 18 years, the consent of the parents is mandatory and if the said girl or boy wish to marry with out consent of the parents, then the minimum age should be 23 years of girl and 25 years for boy.

It is no doubt, that there should not be feelings of untouchable in anywhere, even inter caste marriages are also to be  encouraged, but what I would like to stress that the feelings of the parents. Is it  not our responsibility to respect and recognize the feelings of the parents? Law is O.K., inter caste marriages, love marriages without consent of the parents are legal in India. But what about the justification? then why in PHILIPPINES there is a law that the parents consent is a mandatory for this kind of marriages, and also after some age parents advice is a mandatory. Is the  argument that since there is no similar law in other countries, it is not necessary to have a such kind of law in  India, is valid ? O.K. if it is valid, can any one defeat one's opinion  that the parents feelings should be respected? who talks about the social justice, and social reforms and what ever he wants to talk except the Justification of Law.

Just for reference:

The  rule on parental consent is found under Article 14 of the Family Code of PHILIPPINES . It states that in case either or both of the contracting parties are between the ages of eighteen and twenty-one, they shall exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. The parental consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.

Non-compliance with the requirement of parental consent does not make the marriage invalid or void but merely annullable, which means that the marriage is valid until annulled. As a result, a petition for the annulment of the marriage may be filed by the parents, guardian or person having substitute parental authority over the party seeking the annulment, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife.

PARENTAL ADVICE

The rule on parental advice is found under Article 15 of the Family Code. It states that any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor.

A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.

However, if the marriage license is issued within the said three months and the parties were able to get married on the basis of such marriage license, the said marriage is completely valid but will subject the parties to civil, criminal or administrative liabilities in accordance with Article 4, Paragraph 3 of the Family Code of the Philippines which states that:

“An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.”

The marriage is very important stage in every one's life.. And  the parents cannot be forced to accept the marriage proposal of their children .

And can’t we respect the feelings of the Indian Parents?—think it over.

BY K. PHANI KUMAR

Advocate