In a landmark decision, the Bombay High Court has reaffirmed an adult woman's right to choose her life partner irrespective of religion or caste. The court granted relief to a 21-year-old Hindu woman who married a Muslim man and faced threats from her family. The hearing took place on a criminal writ petition filed by the woman, seeking protection to live with her husband.
The woman had been in a relationship with the 21-year-old Muslim man for four to five years, with both families aware of their relationship. They married on October 19, 2026, and approached the police for protection. However, she alleged that the Dharavi police refused to take any action, and her parents forcibly took her to Uttar Pradesh. Upon returning to Mumbai, she sought the High Court's intervention, expressing concerns about her safety and seeking protection to reside with her husband.
Advocate R K Mendadkar, representing the woman, argued that she was a major and capable of making decisions about her life. He cited the Supreme Court's 2018 judgment in Shafin Jahan vs Asokan K M, which recognized the right to marry a person of one's choice as an integral part of the right to life and personal liberty under Article 21 of the Constitution. The High Court agreed with this legal position, stating that an adult woman was free to exercise her choice in marriage without force or pressure.
The petitioner's lawyer also raised concerns over the conduct of the police authorities. However, the bench declined to make specific observations on the allegations, emphasizing that the police must strictly adhere to the law. The bench stated, "At this stage, we do not deem it appropriate to make any observations in this regard. Needless mention, the police authorities would act within the four corners of and strictly in accordance with law."
The court's decision marks a significant step forward in upholding an individual's right to choose their life partner, regardless of religious differences, and underscores the importance of protecting those who exercise this right. The High Court's ruling also serves as a reminder for police authorities to act within the law when dealing with such matters.