‘Can’t be forced to marry against choice’: 23-year-old woman freed from uncle’s custody

4 min readNew DelhiJul 17, 2026 10:00 AM IST

The Punjab and Haryana High Court noted that the woman was willing to get married to a man who was driver by profession. (AI-generated image)

The Uttarakhand High Court recently ordered the release of a 23-year-old woman who alleged that her uncle had confined her for two months and was forcing her to marry against her wishes, observing that an adult woman cannot be detained by anyone against her wishes or compelled to marry a person against her choice.

Justices Ravindra Maithani and Siddhartha Sah also directed the police to provide adequate security to the woman and the man she wished to marry, after she expressed apprehension that her family members might harm either of them.

“The corpus (woman) is major. She cannot be detained by anyone against her wishes. She cannot be compelled to marry any person against her choice. Therefore, this court has no option but to free the corpus,” the July 15 order read.

The high court was hearing a plea filed on behalf of the woman, who alleged that she had been detained by her uncle and pressured to marry another man instead of the person she wished to marry.

‘I want to marry by my choice’

The woman, while interacting with the court, claimed that she is a graduate with Chemistry, Botany and Zoology, which she passed in 2023 and was born in 2003. She added that she has four brothers and sisters, and her father has a welding business.

She further said to the court that she wanted to go with the man, who is her friend and is a driver by profession, having his own car. However, she claimed that her uncle had detained her for the last two months, and her uncle and his wife had beaten her up, and the marks are still present on her body.

Justices Ravindra Maithani and Siddhartha Sah noted that a lady constable, after examining the woman in private, reported the presence of old injury marks on her body.

She added that they are pressuring her to marry someone else, to which she is not agreeable. The woman has stated that her uncle has threatened her that if she marries the man, they will kill both of them; they will be in jail and spend money, but their life may not come back. Advocate Gaurav Singh represented the woman in the matter.

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The woman’s uncle was represented by advocate Vivek Verma, who submitted that the parents of the woman have taken care of her for the last 22-23 years and are taking steps for her well-being only. He admitted that the woman was born in 2003, but he denied that any of the family members, including her uncle, ever beat her up.

Additional advocate general J S Virk represented the state in the matter.

‘Major, free to move’

When the court asked how the woman could be detained by anyone when she was a major and free to move wherever she wished and marry a person of her choice, counsel for the uncle, advocate Vivek,  responded that the family was prepared to allow her to marry according to her wishes.

The high court also noted that a lady constable, after examining the woman in private, reported the presence of old injury marks on her body. Taking note of this, the court directed that she be medically examined and that the report be placed on record through the state counsel.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.

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Punjab and Haryana HC

Punjab and Haryana High Court