Forced Marriage Not Conducive To Healthy Society: Orissa HC Allows Woman To Live Away From Her Parents & Husband, Grants Police Protection

The Orissa High Court has allowed a girl, who was forced into a marriage by her parents against her will, to live independently away from her husband as well as parents. The Court went a step ahead in directing the police to ensure the safety and security of the girl.Taking a cue from this case, the Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman asked the State to conduct sensitization programs for educating parents to refrain from imposing their decisions on major children. It was further observed –“A time has come when the society would introspect when the girls are forced to marry by the parents. The decision of the girl is paramount and her consent should be obtained before any such decision is taken by the parents. When a girl is not ready for the marriage, giving her in marriage by using extraneous force is not conducive for a healthy society and a time has come when the sensitization program should be conducted by the administration eradicating any sense of imposing own decision on the children by the parents.”The petitioner filed this criminal writ petition in the nature of habeas corpus praying for judicial directions to the police to trace out his major daughter who purportedly left for Bengaluru in search for a job. After Court's initial intervention, the police attempted to track location of the girl through her IMEI number.Thereafter the police tried to telephonically contact the girl who apprised the cops of her living in Indore, Madhya Pradesh as per her own volition and lack of any intention to return back either to her parental or matrimonial home. She had also informed the investigating team about her discordance with the marriage, which she had to undergo against her will at the whims of her parents. Being gainfully employed in Indore, she expressed willingness to live independently.When the case was last taken up in December 2025, the Court was updated regarding the developments made in the case. The Court had then ordered the police to produce the girl before it with adequate security and it had barred anyone from meeting the girl before the next date of hearing. In compliance with the order, the police produced the girl before the Court on January 06, 2026. The Judges interacted with the lady who disclosed about her forced marriage and incongruence to stay in a marital life. She also conveyed her wish to live independently away from both parental and matrimonial homes. Hearing the girl's version, the Court expressed disappointment over the existing state of affairs where parents often impose their whims on children, especially daughters and force them to undergo marriage without consent. The Court unequivocally held that the decision of a major girl is paramount and she cannot be given in marriage by parents without her consent.Accordingly, the Court disposed of the writ petition with the following direction –“The IIC, Kakatpur is directed to ensure the smooth return of the girl to her respective place and shall also see that no interference and/or obstruction is created from any corner including the parents and the so-called husband of the said girl. The police shall ensure the safety and the security of the said girl at her place of abode and shall immediately take steps in the event any incident is reported to them.”Case Title: Ajay Kumar Sahoo v. State of Odisha & Ors.Case No: WPCRL No. 120 of 2025Date of Order: January 06, 2026Counsel for the Petitioner: Mr. Amiya Kumar Mohanty, AdvocateCounsel for the State: Mr. Sanjay Rath, Additional Government AdvocateCitation: 2026 LiveLaw (Ori) 6Click Here To Read/Download Order

Forced Marriage Not Conducive To Healthy Society: Orissa HC Allows Woman To Live Away From Her Parents & Husband, Grants Police Protection

Jyoti Prakash Dutta

Tags