Read Time: 06 minutes

Synopsis

The Bombay High Court has recently quoted Maya Angelou in its order while allowing a Hindu girl to live in with a Muslim boy.

“Maya Angelou, an American memoirist and civil rights activist remarked ‘Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope’ The aforesaid statement actually describe the story of the petitioner and the corpus a major girl, but there is a fly in the ointment,” the order reads.

A division bench of the high court comprising Justice Revati Mohite Dere and Justice Manjusha Deshpande was hearing a petition filed by a man seeking the release of his Hindu partner from a protection home.

The bench further recorded that apart from the fact that they belong to different religions and their relationship is disapproved by the girl’s family, another hindrance is that the petitioner, the boy is not of marriageable age.

The case pertains to a complaint filed by the girl’s family at Ghatkopar Police Station, Chiraj Nagar, Mumbai expressing their disapproval of the interfaith relationship.

It has been submitted that the girl was called to the police station where members of the Religious and political Social Workers were present.

Even though the girl expressed her desire to marry the man and refused to return to her parents, the police placed her in Shaskriya Stree Bhishekari Khikar Kendra a Government Women Center (Hostel), Chembur, Mumbai against her will.

The plea stated that the girl has independently exercised her constitutional right to choose her partner and enter into a live-in relationship with the petitioner and she informed the same to Ghatkopar Police Station on 16.11.2024 through a written letter, unequivocally stating that she left her parental house of her own free will and consent.

It further stated that the letter mentions that she decided to live in a live-in relationship with the petitioner without any coercion, undue influence, or pressure from any third party, asserting her autonomy as an adult.

A video was also been placed on record where the girl unequivocally states that she has willingly accepted Islam and has chosen to marry the man (petitioner) of her own free will, without any coercion or undue influence.

While allowing the petition the bench noted that merely because of societal disapproval the couple cannot be deprived of their right to live with each other.

“We are not getting into the issue about the marriage between the petitioner and the corpus, as what they desire is a ‘live in relationship’ and since this is claimed, as an integral part of their right to live with dignity, by making individual choice in personal relationship, merely because of the societal disapproval, the couple cannot be deprived of this right, which is conferred on two individuals, under the Constitution,” the order states.