Adult woman free to marry person of her choice, says Bombay HC in interfaith marriage case

An adult woman has complete freedom to choose her life partner irrespective of their faith, belief, religion, or caste, the Bombay high court said, adding that the woman must be allowed to exercise her choice and right “without any force or being influenced by pressure,” while hearing a petition filed by a 21-year-old Hindu woman who married a 21-year-old Muslim man in October.

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.

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The couple, who had been in a relationship for the last four to five years with the knowledge of their parents from both the sides, approached the Dharavi police station soon after their marriage, seeking protection, as 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.”

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It relied on Supreme Court’s orders, which held that the right to marry a person of one’s choice is an integral part of Article 21 of the Constitution of India and that a person has complete freedom to choose a life partner of any faith, belief, religion, or caste, etc. “Such a legal position is not disputed. We are in complete agreement with the said decision,” the high court said.

“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.

The petitioner also expressed apprehension regarding the conduct of the police authorities. However, the court said it did not deem it appropriate to make any observations on the issue at this stage, adding that “the police authorities must act within the four corners of and strictly in accordance with law.”