XYZ v. State of Maharashtra, 2026
An adult woman has the fundamental right to choose where to live and whom to marry, and cannot be compelled by her parents or the State to return home against her wishes.
Judgement Details
Court
Bombay High Court
Date of Decision
9 July 2026
Judges
Chief Justice Ravindra V. Ghuge and Justice Gautam Ankhad
Citation
Acts / Provisions
Facts of the Case
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The petitioner, a 21-year-old Muslim woman, left her parental home in Hyderabad and travelled to Mumbai.
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She alleged that although she had been given in adoption to her maternal uncle and aunt when she was two months old, they exercised complete control over her life.
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The petitioner claimed that her adoptive parents wanted to compel her to marry her cousin, who was about ten years older than her.
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To avoid the proposed marriage, she voluntarily left Hyderabad on 15 June 2026, travelled by air to Kolhapur, and thereafter reached Mumbai by bus.
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On reaching Mumbai, she approached the Powai Police Station requesting that no missing person proceedings be entertained against her since she had left home voluntarily.
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She filed a writ petition before the Bombay High Court seeking protection against any attempt to force her to return to her parental home.
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During the proceedings, the Court personally interacted with both the petitioner and her parents.
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The petitioner consistently expressed her desire to live independently, continue her education, and not return to her adoptive parents.
Issues
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Whether an adult woman has the fundamental right under Article 21 of the Constitution to decide where she wishes to reside and whom she wishes to marry?
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Whether the parents or the State can compel an adult woman to return to her parental home against her wishes?
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Whether a missing person complaint can continue when the alleged missing person is a competent adult who has voluntarily left her home?
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Whether the High Court should grant protection to an adult woman exercising her personal autonomy against familial pressure?
Judgement
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The Bombay High Court disposed of the writ petition in favour of the petitioner.
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The Court held that the petitioner, being 21 years of age, was legally competent to decide where she wished to reside and whether or whom she wished to marry.
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The Court observed that these choices form an integral part of the fundamental right to life and personal liberty under Article 21 of the Constitution.
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The Court held that neither the petitioner's parents nor the State could compel her to return to her parental home against her wishes.
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The Court recorded its satisfaction after personally interacting with the petitioner that she had voluntarily left her home and was acting entirely of her own free will.
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The Court held that there was no justification for treating the petitioner as a missing person.
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The Court directed the Telangana Police to take appropriate steps to close the missing person report in accordance with law.
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The Court further directed that the petitioner should not be subjected to any direct or indirect coercion, including threats of criminal proceedings, to compel her return.
Held
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The writ petition was disposed of with protective directions.
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An adult woman has the constitutional right to determine her residence, marriage, and future course of life.
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Parents and the State cannot compel a competent adult to return home or marry against her wishes.
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A missing person complaint cannot continue once it is established that the adult individual has voluntarily left home.
Analysis
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The judgment reinforces the constitutional guarantee of personal autonomy under Article 21 by recognizing an adult woman's right to make fundamental life choices.
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The Court emphasized that the right to choose one's residence and life partner is inseparable from the right to dignity and liberty.
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By personally interacting with the petitioner, the Court ensured that her decision was voluntary before granting protection.
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The ruling prevents misuse of missing person complaints as a means of exerting family pressure on consenting adults.
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The decision strikes an appropriate balance between parental concern and the constitutional rights of an adult individual.
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The judgment is consistent with the Supreme Court's jurisprudence recognizing the autonomy of adults in matters of marriage, residence, and personal relationships.
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The directions issued by the Court protect the petitioner from indirect coercion while allowing the police to close unnecessary criminal proceedings.
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The ruling strengthens constitutional protections against forced marriages and affirms that personal liberty cannot be subordinated to familial preferences or social expectations.