The Allahabad High Court has observed that no one, including a parent, can interfere with the decision of adult women who voluntarily convert to Islam and choose to marry according to their wishes.
Justice Sandeep Jain made the observation while hearing a petition filed by two sisters, aged 20 and 35, who alleged that their father had attempted to prevent them from marrying partners of their choice.
Counsel for the petitioners told the court that the sisters had converted from Hinduism to Islam of their own free will and had decided to marry by choice, arguing that such decisions are protected under the fundamental rights guaranteed by the Constitution.
The court directed the Uttar Pradesh Police and the women’s father to produce the sisters before it on Aug. 6.
According to the petition, the father lodged a police complaint in Agra in May 2025 in an attempt to stop the women from exercising their choice. Based on the complaint, police registered a First Information Report (FIR) under provisions of the Bharatiya Nyaya Sanhita relating to kidnapping, abduction or inducing a woman to compel her into marriage.
The petitioners further alleged that they were being unlawfully confined with the assistance of police officials.
Their counsel argued that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, was not applicable because the conversion was voluntary and there was no allegation or evidence of force, fraud or inducement.
The court observed that if the petitioners’ claims are found to be true, any interference by their father or any other person in their personal decisions would amount to an unjustified intrusion into their constitutionally protected rights, including dignity, privacy, personal liberty and decisional autonomy.
The court also directed that if the women are not produced on the next date of hearing, the concerned police officials must file personal affidavits explaining the reasons for their absence and the steps taken to ensure their appearance before the court.
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