Prayagraj: The Allahabad high court has allowed an 18-year-old woman to live with her husband, holding that parents’ concerns, however genuine, cannot override an adult’s constitutionally protected autonomy to choose a life partner and place of residence.Justice Sandeep Jain, in an order dated Sept 7, directed authorities to ensure the safety and security of the woman and her husband, and to provide protection if any threat to their life or liberty is brought to the notice of the police.“The right to choose one’s partner is a facet of personal liberty and dignity, and the state and its instrumentalities are required to respect such autonomy, subject of course to the requirements of law,” the court observed.It added that the right to choose one’s partner forms part of the guarantee of personal liberty and dignity under Article 21 of the Constitution.During the hearing, counsel for the husband submitted that the woman was his legally wedded wife and that their marriage had been solemnised against the wishes of her parents.It was alleged that following the marriage, the woman was kept in illegal detention by her father and other relatives. The counsel also said that when no FIR was registered, the woman filed a complaint under Section 173(4) of the Bharatiya Nyaya Suraksha Sanhita (BNSS) before a competent court in Budaun on July 20, 2026, seeking action against her father and relatives.The father denied that his daughter had married Mohit and claimed she was living with her parents voluntarily and was not in illegal detention. The state told the court that the father had lodged a missing-person report, after which the woman was recovered and her custody was handed over to him.On Aug 31, the high court had noted that documents indicated the woman had attained majority and was entitled to choose her partner and residence. To determine whether she was staying with her parents voluntarily, the court ordered her production.On Sept 7, Justice Jain interacted with the woman to assess her age and voluntariness. She stated her date of birth as June 8, 2008, said she had married Mohit on July 18, 2026, and asserted the marriage was of her own free will without coercion.She expressed her desire to live with her husband. Mohit affirmed the marriage and willingness to live with her. The father also admitted she was a major. The court found her statement clear, categorical and consistent.
