Parental Concern Cannot Override Major Woman’s Choice of Husband, Says Allahabad HC; Orders Protection for Couple

The Allahabad High Court recently observed that a woman who has attained majority and voluntarily married a man of her choice cannot be compelled to return to her parents' custody against her wishes, allowing a habeas corpus petition filed by the woman herself, seeking liberty to live with her husband.

A single-judge bench of Justice Sandeep Jain passed the order on September 7 while disposing of the habeas corpus petition filed by Smt Moni, who had approached the court through counsel Dhyan Shanker Pandey and Vishal Jaiswal.

Court had earlier, on August 31, directed the state and the woman's father, arrayed as respondent no. 4, to produce her before it. In compliance, the woman was produced by Sub-Inspector Rakesh Kumar and Lady Constable Jyoti of Police Station Usawan in Budaun district.

During an in-camera interaction with the court, the woman stated that her date of birth was June 8, 2008, making her a major, and that she had studied up to Class X. She told the court she had voluntarily solemnised her marriage with the petitioner, Mohit, on July 18, 2026, without any coercion, undue influence or pressure. She further expressed her clear desire to live with him as his wife in their matrimonial home.

The petitioner, Mohit, when questioned by the court, admitted to having married the woman on the stated date and affirmed his willingness to keep her as his wife. The woman's father, Sanjeev, who was also present, told the court he was disappointed and aggrieved by his daughter's decision but conceded that she had indeed attained the age of majority.

Taking note of these statements, court observed that the woman's version was "clear, categorical and consistent" and that there was nothing in her conduct or demeanour to suggest coercion, threat or unlawful inducement behind her decision.

Justice Jain, in his order, underlined that personal autonomy in matters of liberty, dignity and choice of a life partner forms an integral part of the right to life and personal liberty under Article 21 of the Constitution.

"Once a person attains majority, he or she is ordinarily entitled to make an independent choice with regard to the manner in which such person wishes to lead his or her life, including the choice of a spouse," the order stated, adding that such a choice cannot be substituted by the wishes of parents or relatives merely because they consider it undesirable.

Court held that parental concern, however genuine, cannot override the constitutionally protected autonomy of a major individual, and that state authorities are bound to respect such autonomy, subject to the requirements of law.

Accordingly, court set the woman at liberty to go with the petitioner and reside with him at a place of her choosing, and directed that no person, including her parents or relatives, interfere with her decision or subject her to threat, coercion or harassment.

It further directed the state authorities, including the Superintendent of Police concerned, to ensure the safety and security of both the woman and her husband and to extend protection if any threat to their life or liberty was brought to notice.

The police were also directed to ensure the couple was safely escorted from the court premises to their destination of choice, without obstruction.

With these directions, court held that no further relief survived for consideration and allowed the petition.

Case Title: Smt Moni Corpus vs. State Of U.P. And 3 Others

Order Date: September 7, 2026

Bench: Justice Sandeep Jain