Cuttack: The Odisha High Court has ruled that no marriage can be performed without the clear consent of the woman, stating that her decision is supreme in matters of marriage. The court said parents cannot force or impose marriage decisions on an adult daughter.
Case Background
The observation came while hearing a habeas corpus petition filed by a father who alleged that his daughter was missing. During the investigation, police traced the woman through her mobile phone and found that she had gone outside the state on her own will and was working in a private organisation.
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She was later produced before the High Court, where she stated that she had been forcibly married and did not want to live with either her husband or her parents.
Court’s Observation and Order
The division bench of Chief Justice Harish Tandon and Justice M.S. Raman observed that forcing a woman into marriage is harmful to a healthy society. The court stressed that the choice of an adult woman must be respected at all times.
The High Court directed that the woman be allowed to live at a place of her choice without any interference from her husband or parents. It also instructed the police to ensure her safety and take action in case of any undue pressure or interference.
After issuing these directions, the High Court disposed of the petition, reinforcing that a woman’s consent is essential and non-negotiable in marriage.
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