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.The 21-year-old Hindu woman’s husband, a Muslim (also 21), had been jailed based on her parents’ complaint.A vacation bench of Justices Advait Sethna and Ranjitsinha Bhonsale on Monday heard a petition by the woman. 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”.According to her petition, she and her husband had known each other for 4-5 years and her parents had known about her feelings for him. Soon after their marriage on Oct 19, the couple went to Dharavi police station and sought protection from the woman’s parents. Instead, police called her parents. 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. She escaped on Oct 29, returned to Mumbai on Nov 3 and stayed at a dargah. 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. 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. Prosecutor Shreekant Gavand supported this view.The judges said a person has complete freedom to choose a life partner of any faith, belief, religion or caste. “Such legal position is not disputed,” they said, adding that they are “in complete agreement” with the SC decision. “…the petitioner, being a major and 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,” they said.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.
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