In a significant ruling advocating for the autonomy of adult women, the Orissa High Court has declared that the “decision of the girl is paramount” in matters of marriage. The Court observed that the use of “extraneous force” by parents to compel a daughter into marriage is “not conducive for a healthy society” and called for immediate introspection within the community.
The Division Bench, comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman, made these strong observations while disposing of a writ petition where an adult woman refused to return to her matrimonial home, citing a forced union.
Forced Marriage and the Woman’s Stand
The matter, Ajay Kumar Sahoo vs. State of Odisha and others, reached a decisive turn on January 6, 2026. Pursuant to a prior order dated December 9, 2025, the woman was produced before the High Court by Mr. Basanta Kumar Sahoo, Inspector-in-Charge of the Kakatpur Police Station.
In a direct interaction with the Bench, the woman revealed a distressing account of her marriage. She disclosed that “because of the forced marriage, she felt difficulty in living in her matrimonial house and for that she left of her own.”
Asserting her financial and personal independence, she informed the Court that she is gainfully employed and earns her own livelihood. She categorically stated that she “did not intend to live with her husband nor with her parents.”
Taking note of her age and employment status, the Court affirmed that “she is a major and, therefore, capable of taking her own decisions.”
High Court Calls for Societal Introspection
The Bench did not mince words regarding the parental imposition of marriage. In a stern observation on the prevailing social mindset, the Court stated:
“A time has come when the society would introspect when the girls are forced to marry by the parents. The decision of the girl is paramount and her consent should be obtained before any such decision is taken by the parents.”
The Judges further remarked:
“When a girl is not ready for the marriage, giving her in marriage by using extraneous force is not conducive for a healthy society and a time has come when the sensitization programme should be conducted by the administration eradicating any sense of imposing own decision on the children by the parents.”
Directions: Police Protection Ordered
Respecting the autonomy of the adult woman, the High Court held that keeping the writ petition pending would serve no purpose. The Bench issued strict directions to ensuring her safety:
- Safe Passage: The Inspector-in-Charge, Kakatpur Police Station, was directed to ensure the “smooth return of the girl to her respective place.”
- No Interference: The Court mandated that “no interference and/or obstruction is created from any corner including the parents and the so-called husband of the said girl.”
- Safety Assurance: The police were ordered to ensure her safety and security at her place of abode and to “immediately take steps in the event any incident is reported to them.”
With these directions, the writ petition was disposed of.
Case Details:
- Case Title: Ajay Kumar Sahoo vs. State of Odisha and others
- Case Number: WPCRL No.120 of 2025
- Coram: Chief Justice Harish Tandon and Justice Murahari Sri Raman
