In a significant ruling, the Bombay High Court on Friday upheld a Hindu woman’s autonomy to make her own choices, even as her parents alleged coercion in her live-in relationship with a Muslim man. The Court refused to grant custody of the woman to her partner but emphasized her right to decide her future independently.
The case was heard by a Division Bench comprising Justices Bharati Dangre and Manjusha Deshpande, who highlighted the importance of individual liberty. The Bench remarked, “We are setting her on liberty… Let her do what she wants. She is of the opinion that it’s her life. We can only wish her luck.”
The matter arose after complaints from the woman’s parents and members of the Bajrang Dal, who objected to her relationship. Acting on these complaints, the police moved her to the Shaskriya Stree Bhishekari Khikar Kendra (Government Women’s Hostel) in Chembur. Her partner then filed a petition in the High Court, asserting that her decision to live with him was voluntary and free from any undue influence.
In the proceedings, the parents’ counsel argued that the woman was acting under emotional sway and undue influence. However, the Court noted that the woman had clearly expressed her unwillingness to stay with her parents. “We had asked her to go to parents… She is not ready… If she was conscious of her welfare, there was no issue,” the Court observed. It further added, “We had suggested that she stay with her parents for one more year and the infatuation might fade away.”
The petition filed by the man underscored that the woman’s decision was informed, deliberate, and free from external pressure.
