Court says adult woman cannot be restrained by parents after voluntarily marrying man of her choice; directs police protection and bars interference in matrimonial life.
The Allahabad High Court has reaffirmed that an adult woman has the constitutional right to choose her life partner and residence, holding that parents cannot detain or control her against her wishes.
Justice Sandeep Jain passed the order in a habeas corpus petition filed by Sonika Chauhan, whose production before the Court had been directed earlier. After she was produced by the police, the Court interacted with her directly and recorded that she was around 26 years old, a graduate, and had voluntarily married Akbar Khan on 28 August 2022 without any coercion, undue influence, or intimidation.
Sonika told the Court that she wished to live with her husband at her matrimonial home and that she had been facing pressure and threats from her father because of her choice of partner. Akbar Khan also confirmed the marital relationship and expressed his wish to live with her.
Her father, however, opposed the marriage, claiming that the petitioner belonged to a different religion and that the marriage was not legally permissible. He also alleged that Sonika was under the influence of the petitioner and was residing with him involuntarily.
The Court rejected these objections after finding that Sonika had attained majority and was fully conscious of the consequences of her decision. It observed that once a person becomes a major, the right to choose a life partner is part of personal liberty under Article 21 of the Constitution and cannot be dictated by parents or other family members.
Holding that Sonika had voluntarily chosen Akbar Khan as her life partner, the Court ordered that she be set at liberty to reside with him at a place of her choice. It further directed the State authorities to ensure adequate safety and security for the couple and, if necessary, provide police assistance for their safe transit.
The Court also restrained private respondents from interfering in the peaceful matrimonial life of Sonika and Akbar Khan in any manner. With these directions, the habeas corpus petition was allowed.
Bottom Line:
Habeas corpus - Major woman is entitled to choose her life partner and residence - Parents cannot detain or control her against her wishes - Court directed that corpus be set at liberty to reside with her husband and granted protection to the couple.
Statutory provision(s): Constitution of India, 1950, Article 21.
Sonika Chauhan v. State of U.P., (All) : Law Finder Doc Id # 2983772
