Reaffirming the personal liberty of an adult woman, the Bombay High Court has held that neither parents nor the State can compel a major woman to return to her parental home or marry against her wishes. The Court also directed the Telangana Police to take steps to close the missing person report after finding that the petitioner had voluntarily left her home and was acting of her own free will.
Background of the Case
The petition was filed by a 21-year-old woman who sought protection from being forced to return to her parental home. She told the Court that she had left home voluntarily after facing pressure to marry a cousin against her wishes. According to her, she wanted to continue her higher education and become financially independent, but her family opposed those plans.
After she left home, her parents lodged a missing person complaint with the Hyderabad Police. Apprehending that she could be compelled to return or face pressure from family members, she approached the Bombay High Court seeking protection and restraint against any coercive action arising from the missing person report.
Court's Observations
A Division Bench of Justice Gautam A. Ankhad and Acting Chief Justice Ravindra V. Ghuge interacted separately with the petitioner and her parents in chambers before passing its order.
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The judges noted that the petitioner answered every question with clarity and confidence and appeared fully aware of the consequences of her decisions. They also found no indication that she was acting under pressure, coercion or influence.
The Bench observed,
"She is an adult, being 21 years of age and is legally competent to decide where she wishes to reside, whether she wishes to marry and whether she desires to pursue higher education. These are matters of personal choice and a part of rights under Article 21 of the Constitution of India."
During the proceedings, the petitioner's parents submitted an affidavit assuring the Court that she would not be compelled to marry against her wishes and that they would not obstruct her higher education. While accepting these assurances, the Court made it clear that such undertakings could not override the petitioner's own choices as an adult.
Court's Decision
Holding that the petitioner had voluntarily left her parental home and was exercising her independent choice, the High Court ruled that there was no justification for continuing to treat her as a missing person.
The Bench observed,
"Neither her parents nor the State can compel her to return to her parental home against her wishes."
It further directed the Telangana Police to take appropriate steps to close the missing person report in accordance with law and stated that the petitioner must not be subjected to any direct or indirect pressure to return home or face threats of criminal proceedings.
The writ petition was accordingly allowed in terms of the relief protecting the petitioner's freedom from coercion.
Case Details
Case Title: XYZ vs State of Maharashtra
Case Number: Criminal Writ Petition No. 3151 of 2026
Judge: Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad
Decision Date: 2 July 2026
