Right to marry a person of one's choice is a fundamental right: Bombay High Court

According to a report by Hindustan Times, the Bombay High Court, in a significant judgment, has stated that an adult woman has the absolute right to marry a partner of her choice, regardless of that person's religion, belief, or caste. The court clarified that a woman must be allowed to exercise her choice and right without any form of pressure or coercion.

This case was based on a petition filed by a 21-year-old Hindu woman, who married a 21-year-old Muslim man in October. On November 9, the vacation bench of Justice Advait M. Seth and Justice Ranjitsinh Raja Bhonsle observed this matter. The court noted 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 Indian Constitution.

According to the report, the couple had been in a relationship for the last four to five years and both parties' parents were aware of this matter. Immediately after the marriage, the woman approached the Dharavi police station seeking protection. She expressed fears that her parents would create a war-like situation against her. However, the Dharavi police refused to take any action, after which the woman's parents allegedly forcibly took her to Uttar Pradesh. She subsequently returned to Mumbai and approached the court to seek protection to live at her in-laws' house.

The court observed that since the petitioner woman is an adult, she is capable of making conscious decisions and informed choices. Referring to previous orders of the Supreme Court, the High Court stated that an individual has complete freedom to choose a partner of any religion, belief, or caste. The court said there is no dispute in this legal position and they are in complete agreement with the Supreme Court's decision.

The court further stated that as the petitioner is an adult, she is completely free to make appropriate decisions regarding her partner without any kind of pressure. The petitioner also expressed concerns regarding the conduct of the police authorities, but the court did not deem it appropriate to comment on this subject at this stage. The court added that police authorities must work strictly in accordance with the law and within the specific framework of the law.

Article 21 of the Indian Constitution grants all individuals the right to live and personal liberty, which can be exercised by any person in accordance with the procedure established by law.