The Bombay High Court has reaffirmed that an adult woman has the constitutional freedom to choose her life partner, irrespective of religion, caste or faith. The Court made the observation while hearing a criminal writ petition filed by a 21-year-old Hindu woman who had married a 21-year-old Muslim man and sought police protection to reside with him.
Background
The petitioner, a 21-year-old woman, had reportedly been in a relationship with the man for four to five years, and both families were aware of their relationship. The couple married on October 19, 2026.
Following their marriage, they approached the police station to inform the authorities about their marriage and seek protection, as the woman apprehended opposition from her parents. However, the Dharavi Police Station allegedly refused to take action.
According to the petition, her parents subsequently took her forcibly to Uttar Pradesh. She later returned to Mumbai and approached the High Court seeking protection to live at her matrimonial home.
A Division Bench of Justice Advait M. Sethna and Justice Ranjitsinha Raja Bhonsale considered the woman's age and her ability to make an independent decision.
The Bench relied on the Supreme Court's judgment in Shafin Jahan v. Asokan K.M. & Ors., which recognised the right to marry a person of one's choice as part of the fundamental right to life and personal liberty under Article 21.
The Court observed:
"In other words, she is an adult/major capable much less competent of taking a conscious decision and also making an informed choice. In this context, Mr. Mendadkar would place reliance on the decision of the Hon’ble Supreme Court in Shafin Jahan Vs. Asokan K. M. & Ors. The Hon’ble Supreme Court has held that right to marry a person of one’s choice is an integral part of Article 21 of the Constitution of India. A person has complete freedom to choose life partner of any faith, belief, religion, caste etc. Such legal position is not disputed. We are in complete agreement with the said decision cited before us."
The Bench further stated:
"In view of the aforesaid legal position, we are of the considered opinion that the Petitioner, being a major and an adult, is at complete liberty to exercise her choice and right to choose her life partner and take an appropriate decision in that regard without any force or being influenced by any pressure, whatsoever."
The Court also clarified that police authorities must act strictly in accordance with the law.
The Bombay High Court disposed of the criminal writ petition with the consent of the petitioner's counsel, reiterating the adult woman's freedom to make her own decision regarding her life partner.
