Religion no bar: Bombay High Court backs 21-year-old woman's choice of husband

The Bombay High Court has reaffirmed that an adult woman has the freedom to choose her life partner irrespective of religion, caste or faith, while granting relief to a 21-year-old Hindu woman who married a Muslim man and sought police protection over alleged threats from her family.A vacation bench of Justices Advait M Sethna and Ranjitsinha Raja Bhonsale was hearing a criminal writ petition filed by a woman who approached the court seeking protection to live with her husband.The woman told the court that she had been in a relationship with the 21-year-old Muslim man for the past four to five years, and both families were aware of their relationship. The couple married on October 19, 2026, after which they approached the police seeking protection.However, she alleged that the Dharavi police refused to take any action. She further claimed that her parents forcibly took her to Uttar Pradesh. After returning to Mumbai, she approached the High Court, expressing apprehension about her safety and seeking protection to reside with her husband. Advocate R K Mendadkar, appearing for the woman, argued that she was a major and fully capable of making decisions about her life. He relied on the Supreme Court's 2018 judgment in Shafin Jahan vs Asokan K M, which recognised 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.Agreeing with the legal position, the High Court observed that an adult woman was at complete liberty to exercise her choice and decide whom she wanted to marry, without force or pressure. The petitioner's lawyer also raised concerns over the conduct of the police authorities. However, the bench declined to make any specific observations on the allegations, while making it clear that the police must act strictly in accordance with the law."At this stage, we do not deem it appropriate to make any observations in this regard. Needless to mention that the police authorities would act within the four corners of and strictly in accordance with law," the bench said while disposing of the plea.- Ends