In a strong message against forced marriages, the Orissa High Court on Monday 6 January reaffirmed that an adult woman has full freedom to decide where and with whom she wishes to live. Disposing of a habeas corpus petition, the court directed the police to ensure the woman’s safety and prevent any interference by her parents or the man claimed to be her husband.
The order was passed by a Division Bench led by Justice Harish Tandon and Justice Murahari Sri Raman, after personally interacting with the woman in open court.
Background of the Case
The case arose from a writ criminal petition filed by Ajay Kumar Sahoo, who alleged that a woman had been unlawfully taken away and sought her production before the court. Acting on an earlier order, the Inspector-in-Charge of Kakatpur Police Station produced the woman before the judges on January 6.
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During the interaction, the woman told the court that she had been forced into marriage. She explained that living in her matrimonial home had become difficult and that she left on her own will.
She made her position clear: she did not wish to stay either with the alleged husband or with her parents. The woman informed the bench that she is a major, is gainfully employed, and earns her own livelihood.
What the Woman Told the Court
Speaking freely before the judges, the woman stated that the marriage was not of her choice. She said the pressure to stay in the matrimonial house was affecting her life, which prompted her decision to leave.
The bench recorded that she was capable of making her own decisions and was clear about living independently. Her statement, made without any sign of coercion, weighed heavily with the court.
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Court’s Observations
The court used unusually direct language to address the broader social issue of forced marriages.
“The decision of the girl is paramount and her consent should be obtained before any such decision is taken by the parents,” the bench observed.
The judges noted that forcing a woman into marriage against her will is not healthy for society. The order stressed that parents cannot impose their decisions on adult children, especially in matters as personal as marriage.
“A time has come when society must introspect,” the court remarked, calling for awareness and sensitisation to end such practices.
Police Protection and Safety Directions
Since the woman was already produced before the court, the bench said there was no reason to keep the petition pending.
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The Inspector-in-Charge of Kakatpur Police Station was directed to ensure her smooth return to the place she chooses to live. The court made it clear that no obstruction should be created by anyone, including her parents or the so-called husband.
The police were further instructed to provide safety and security to the woman and to act immediately if any threat or incident is reported.
Final Decision
With these directions and observations, the High Court disposed of the writ petition, firmly upholding the adult woman’s right to autonomy, dignity, and personal liberty.
Case Title: Ajay Kumar Sahoo v. State of Odisha & Others
Case Number: WPCRL No. 120 of 2025
Date of Order: 6 January 2026
