Bombay HC
She and her husband had known each other for 4-5 years and her parents had known about her feelings for him, according to her petition. Soon after their marriage on Oct 19, the couple went to Dharavi police station and sought protection from the woman’s parents. She escaped on Oct 29, returned to Mumbai on Nov 3 and stayed at a dargah. He cited Supreme Court’s 2018 decision that the right to marry a person of one’s choice is an integral part of Article 21 (right to life) of the Constitution.
Mumbai: Observing that an adult woman has the right to choose her life partner and her decision cannot be influenced by any force or pressure, Bombay HC directed police to “act within four corners of and strictly in accordance with law” on a plea related to an interfaith marriage. She had moved HC urgently to direct police to “provide adequate security and protection to her, ensuring her right to reside voluntarily, peacefully and unhindered at her matrimonial home”. The plea said as her mother feigned fainting, the woman accompanied her to hospital but she was later forcibly taken to her native state and illegally confined in her aunt’s home.
Instead, police called her parents. She then learnt about her husband being in jail. Her advocate R K Mendadkar argued she is a major, capable and competent of taking a conscious decision and making an informed choice. Prosecutor Shreekant Gavand supported this view. Mendadkar expressed apprehension over police authorities’ conduct, but the judges did not deem it appropriate to make any observation regarding it at this stage and disposed of the petition.
A vacation bench of Justices Advait Sethna and Ranjitsinha Bhonsale on Monday heard a petition by the woman.