The Allahabad High Court recently delivered a strong message defending a woman’s constitutional right to marry a person of her choice, while sharply criticizing her family's opposition to that decision. The case involved a 27-year-old woman who feared being abducted by her father and brother for choosing her life partner.
A division bench comprising Justice JJ Munir and Justice Praveen Kumar Giri described the family’s resistance as “despicable,” reinforcing that an adult individual’s right to marry according to their choice is firmly protected under Article 21 of the Constitution of India.
“It is despicable that the petitioners should object to the decision of an adult member of the family, a woman 27 years of age, from marrying a man of her choice. At least that is the right which every adult has under the Constitution by virtue of Article 21,”
— remarked the Bench.
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While the court clarified that there was no conclusive proof that the petitioners (her father and brother) truly intended to abduct her, it acknowledged that this matter reflected a broader societal concern — the mismatch between legal rights and traditional social norms.
“The fact that there is social and familial resistance to the exercise of such right is a glaring depiction of the 'value gap' between the constitutional norms and those social. So long as there is a gap between the values fostered by the Constitution and those cherished by the society, these kinds of incidents would continue to happen,”
— the Court observed.
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This statement highlights the persistent tension between progressive legal standards and conservative societal expectations, especially concerning a woman’s autonomy.
The bench was hearing a plea filed by the woman’s father and brother, who sought to quash an FIR registered against them under Sections 140(3), 62, and 352 of the Bharatiya Nyaya Sanhita (BNS). In her complaint, the woman alleged threats of abduction due to her decision to marry by her own will.
Though the Court provided interim protection to the petitioners by staying their arrest, it also issued firm instructions preventing them from interfering in the woman’s life or contacting her in any way.
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“The petitioners shall not contact the fourth respondent over telephone or any other electronic device or using the internet or through friends or associates. The Police are also restrained from interfering with the fourth respondent's freedom and liberty in any manner, whatsoever,”
— directed the bench.
Further, the Court issued notices to the state government and other concerned authorities, giving them three weeks to respond by filing a counter-affidavit.
The next hearing is scheduled for July 18, 2025, when the matter will be taken up for admission.
