- (1.) BY the Court. Heard Sri M. M. Srivastava, learned counsel for the appellants and Sri P. P. Srivastava, for the respondent.
(2.) THIS appeal has been filed against the impugned judgment of the family Court, Azamgarh dated 5-10- 2001. By that judgment it has been directed that the appellant No. 1 Smt. Shanti Devi should hand over custody of her daughter Km. Kusum to respondent Babu Ram Yadav, who is the husband of Smt. Shanti Devi. A perusal of the impugned judgment shows that Km. Kusum was about 17 years age in 2001. Hence now she is about 20 years of age. There is no dispute about the factum of the age of Km. Kusum. Under the Indian Majority Act, 1875 a person who completes 18 years of age is known as a major. Once a person becomes a major then in the eye of law he or she can decide his/her own welfare since he/she has attained the age of discretion. Hence there can be no valid order or direction for custody of a major. Custody can be awarded only in respect of a minor. So far as a major is concerned he or she is free to live with anybody or go anywhere. Even the parents cannot control a major boy or girl.
(3.) AT the time when the impugned judgment was passed Km. Kusum may have been a minor, but today undoubtedly she is a major. In the circumstances, we set aside the impugned judgment and allow the appeal. Km. Kusum is free to go anywhere and live with her mother, father or anybody else and no one can detain her against her will and cannot impose any impediment on her. Appeal allowed. .;