The High Court of Bombay held that the state or even the society can not interfere in the decision of any person while choosing his/her life partner, and rejected the petition of the father of a major girl child who was minor at the time the plea was filed, bur attained majority by the time the plea came up for hearing before the court.
Moreover, the court said that the doctrine of ‘parens patriae’ cannot be invoked as the same was not being pleaded by the petitioner (Father of the girl). Also, the same is not applicable as it applies to the minors or to the persons of unsound mind.
In the present case, the parents of the girl assaulted her physically and sent her to her maternal uncle home from where she fled away with her present husband to Telangana and also gave birth to a child.
The court observed that, “The strength of our Constitution lies in its acceptance of the plurality and diversity of our culture”. The intimacies of marriage, including the choices which individuals make on whether or not to marry and on whom to marry, lie outside the control of the State. Courts as upholders of consitutional freedoms must safeguard these freedoms,”.
Therefore, while rejecting the plea, the court held that the girl is at the liberty to live her life in accordance with the law.