Can an Adult Woman Choose an Interfaith Life Partner Without Parental Pressure or Interference?
The Bombay High Court reaffirmed that an adult woman has complete liberty to choose her life partner, irrespective of faith, religion or caste, and to make that decision without force or pressure. The Court recognised the freedom to marry a person of one's choice as an integral part of the right to life under Article 21 of the Constitution.
The petitioner, a 21-year-old Hindu woman, married a 21-year-old Muslim man on 19 October 2026 after being in a relationship for approximately four to five years, which was known to both families.
Following the marriage, the couple approached the police seeking protection. The petitioner alleged that her parents forcibly took her to Uttar Pradesh. She subsequently returned to Mumbai and sought police protection to reside in her matrimonial home.
Court's View:
The Court noted that the petitioner was an adult capable of making a conscious and informed choice.
Relying upon the Supreme Court's decision in Shafin Jahan Vs Asokan K.M. & Ors., the Court reaffirmed that the right to marry a person of one's choice is an integral part of Article 21 of the Constitution.
It agreed that an individual has complete freedom to choose a life partner irrespective of faith, belief, religion or caste.
The Court held that the petitioner was at complete liberty to exercise her choice and decide about her life partner without force or any pressure whatsoever.
Decision:
The Bombay High Court disposed of the petition with the consent of the petitioner's counsel.
The Court observed that police authorities must act strictly in accordance with law.
An adult woman has the constitutional liberty to choose her life partner irrespective of religion, faith or caste. Neither parental pressure nor coercion can override her conscious and informed choice protected under Article 21 of the Constitution of India.
Zehra Fatimamohd. Abid Sayyed @ Tulsi Chandrabhan Sonkar Vs State of Maharashtra & Ors ; Criminal Writ Petition No. 6138 of 2026 ; Bombay High Court ; 09.11.2026 ; 2026:BHC-AS:45505-DB