Article 21 and Choice of Spouse: Bombay High Court Upholds Adult Woman’s Autonomy

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The Bombay High Court has ruled that an adult woman is free to choose her spouse without interference on grounds of religion, caste or community. A vacation bench of Justices Advait M. Sethna and Ranjitsingh Raja Bhonsale passed the order on a criminal writ petition filed by a 21-year-old Hindu woman who married a Muslim man of the same age and sought police protection after alleging threats from her family.

The petitioner told the court that she had been in a relationship with the man for four to five years and that both families were aware of it. The couple married on 19 October 2026. Soon after the wedding, they approached the Dharavi police station for protection but were refused help, the woman alleged. She claimed her parents then forcibly took her to Uttar Pradesh. After returning to Mumbai, she moved the high court citing fear for her life and safety.

The woman’s counsel, advocate R.K. Mendadkar, argued that the petitioner is a major and fully capable of making her own life decisions. He cited the Supreme Court’s 2018 judgment in Shafin Jahan v. Asokan K.M., which held that the right to choose a spouse is an integral part of the right to life and personal liberty under Article 21 of the Constitution. The bench agreed fully with the submissions and said religion or community cannot diminish that right. However, the court declined to comment on the alleged police conduct, stating that officers are expected to act according to law.

What was the Shafin Jahan v. Asokan K.M. case?

The Supreme Court decided Shafin Jahan v. Asokan K.M. in 2018, setting aside a Kerala High Court order that had annulled the marriage of a Hindu woman who converted to Islam and married a Muslim man. The Supreme Court ruled that the right to choose a life partner is a fundamental facet of individual liberty and dignity under Article 21 of the Constitution. The court held that the state and courts are duty-bound to protect this choice, and that social or familial disapproval cannot override an adult's personal autonomy. The judgment also clarified that the High Court had exceeded its jurisdiction by exercising parens patriae power over a consenting adult.

What does Article 21 say about choice of spouse?

Article 21 of the Constitution protects life and personal liberty, and the Supreme Court in Shafin Jahan v. Asokan K.M. (2018) held that the freedom to choose a life partner is part of that right. The court ruled that no person, including parents, can interfere with an adult’s decision in this matter. The principle applies regardless of differences in religion, caste or community.

What did the court say about police conduct?

The bench declined to comment on the allegations that the Dharavi police refused to act on the couple’s request for protection. The judges said they did not consider it appropriate to make any observation on that aspect at this stage, adding that police officers must work within the bounds of the law and in full compliance with it.