The Bombay High Court (HC) declined police protection for an interfaith couple on Tuesday, December 11. The court emphasised that the state could not be working on the couple's personal preferences. The judges clarified that the girl, an adult, was free to choose to live with her partner or her family.
The petitioner was a 20-year-old Muslim man who sought the court’s intervention to release his 19-year-old Hindu partner. The girl was staying at a government women’s protection home in Chembur.
Petitioner argued that her detention was unlawful and caused by social and familial pressures against their relationship. Through his lawyers, Abid Abbas Sayyed and Asif Shaikh, the petitioner claimed that their fundamental rights were being violated. He stated that the couple faced threats due to opposition to their interfaith relationship. He also requested police protection for their safety.
Advocate Sana Raees Khan represented the opposition plea of the girl’s father. She stated that the petitioner was not 21 years old, which is the minimum legal age for marriage for men under the Prohibition of Child Marriage Act, 2006. She also mentioned that he faced charges of serious crimes, including kidnapping.
Khan further argued that the girl had changed her mind. After a recent meeting with her father, she had decided to live with her parents. Khan claimed the girl’s earlier decision to live with the petitioner was due to pressure and undue influence.
The division bench, comprising Justices Bharati Dangre and Manjusha Deshpande, expressed surprise at the claim. The judges highlighted a previous counselling session with the girl. They said that the girl clearly wanted to remain with the petitioner. The court described her as "adamant" and "rebellious".
The judges stated that as a major, the girl had the right to make her choice by herself. They noted that she was firm in her choice to live with her partner. She had also refused financial support from her father.
The judges directed that the girl be brought before court at the next session on December 13.
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