MUMBAI: The Bombay high court held that an adult woman has complete freedom to choose her life partner irrespective of faith, belief, religion, or caste, and must be allowed to exercise her choice and right “without any force or being influenced by any pressure”.
A vacation bench of Justice Advait M Sethna and Justice Ranjitsinha Raja Bhonsale, in an order dated November 9, observed that the right to marry a person of one’s choice is an integral part of the fundamental right to life and personal liberty under Article 21 of the Constitution of India.
The court was hearing a petition filed by a 21-year-old Hindu woman, who married a 21-year-old Muslim man in October. The couple, who had been in a relationship for the last four to five years, approached the Dharavi police station soon after their marriage, seeking protection because the woman apprehended that “her parents would wage a war against her”.
While the Dharavi police refused to take any step, the woman’s parents allegedly forcibly took her to Uttar Pradesh. She subsequently returned to Mumbai and moved the court seeking protection so that she could reside in her matrimonial home.
Noting that the woman is an adult, the court observed that she is “competent of taking a conscious decision and also making an informed choice”. It relied on Supreme Court’s orders, which held that Article 21 of the Constitution of India gives a person complete freedom to choose a life partner. “Such a legal position is not disputed. We are in complete agreement with the said decision,” the high court said.
{{/usCountry}}Noting that the woman is an adult, the court observed that she is “competent of taking a conscious decision and also making an informed choice”. It relied on Supreme Court’s orders, which held that Article 21 of the Constitution of India gives a person complete freedom to choose a life partner. “Such a legal position is not disputed. We are in complete agreement with the said decision,” the high court said.
{{/usCountry}}“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 held.
When the petitioner expressed apprehension regarding the police’s conduct, the court said the police must act strictly in accordance with the law. The court added that it did not deem it appropriate to make any other observation on the issue at this stage.