The Bombay High Court has held that an adult woman is at complete liberty to choose her life partner and make that decision without force or pressure. The Court said this while hearing a petition filed by a 21-year-old Hindu woman who married a Muslim man.
A Vacation Bench of Justice Advait M. Sethna and Justice Ranjitsinha Raja Bhonsale disposed of the criminal writ petition with the consent of the woman’s counsel. The Bench noted that the police authorities would act strictly in accordance with law.
Background
The petition was moved before the Vacation Court on the ground of extreme urgency, through a praecipe filed on 7th November 2026. The petitioner stated that she and her husband, both aged 21, had been in a relationship for four to five years and that both sets of parents knew about it.
The couple married on 19th October 2026. Soon afterwards, they went to the police station to inform the police of the marriage and to seek protection, because she apprehended that her parents would act against her. The petition alleged that the police station refused to take any steps, and that her parents then forcibly took her to Uttar Pradesh. She later returned to Mumbai.
The matter was first moved before the Regular Court on 4th November 2026, which gave her liberty to approach the Vacation Court.
Arguments
When the Court asked about the petitioner’s age, Advocate R. K. Mendadkar, appearing for the petitioner along with Advocates Jagdish Kawale and Siddhant S., said on instructions that she is 21 years old and an adult capable of making a conscious and informed choice.
He relied on the Supreme Court’s decision in Shafin Jahan v. Asokan K. M. & Ors., (2018) 16 SCC 368. The Bench noted that the Supreme Court had held there that the right to marry a person of one’s choice is an integral part of Article 21 of the Constitution, and that a person has complete freedom to choose a life partner of any faith, belief, religion or caste.
APP Shreekant Gawand appeared for the State. The Court recorded that this legal position was not disputed.
Court’s Findings
Agreeing with the Supreme Court ruling, the Bench said, “We are in complete agreement with the said decision cited before us.”
The Court held that “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.”
Mr. Mendadkar raised concerns about how the police had conducted themselves. The Bench declined to make any observations on this at that stage, but added, “Needless to mention that the police authorities would act within the four corners of and strictly in accordance with law.”
Outcome
With the consent of the petitioner’s counsel, the High Court disposed of the petition.
Case No.: Criminal Writ Petition No. 6138 of 2026
Bench: Justice Advait M. Sethna and Justice Ranjitsinha Raja Bhonsale
Date: 09.11.2026
