An adult woman’s right to reside independently and pursue education is a protected fundamental right under Article 21.

The Petitioner, a 21-year-old woman residing in Hyderabad, voluntarily left her parental home on June 15, 2026, to escape a forced marriage with a cousin ten years her senior and to pursue higher education

Her parents subsequently lodged a missing person complaint with the Tolicowki Police Station, Hyderabad

The Petitioner, currently residing in Mumbai and working for an NGO, filed this writ petition seeking protection from family harassment and a stay on any coercive police action regarding the missing person report

During the proceedings, the Court conducted separate chamber interviews with the Petitioner and her adoptive parents

The mother filed an affidavit undertaking not to coerce the Petitioner into marriage or obstruct her education

Despite these assurances, the Petitioner unequivocally refused to return home

The Court primarily applied Article 21 of the Constitution of India, which guarantees the right to life and personal liberty

This includes the fundamental right of an adult to exercise personal choice regarding their place of residence, the decision to marry (or not marry), and the pursuit of education

The Court also relied on the principle of legal competence, noting that a person who has attained the age of majority (18 years) is legally empowered to make autonomous life decisions without interference from the State or family

The Court analyzed the Petitioner’s maturity and found her to be "articulate and fully conscious of the consequences of her decisions" following a lengthy interaction

Since the Petitioner is 21 years old, the Court held that her right to self-determination under Article 21 overrides parental authority and the State’s interest in "restoring" her to her family

The Court reasoned that because the Petitioner’s departure was voluntary and free from coercion or inducement, there was no legal basis for the State to treat her as a "missing person" or for the police to exercise any coercive power to secure her return to Hyderabad

Even though the parents provided an affidavit of safety, the Court emphasized that such assurances cannot supersede the choices of a legally competent adult

The Court issued a Writ of Mandamus directing the Telangana Police to take steps to close the missing person report

It further ordered that the Petitioner shall not be compelled to return home or be subjected to any pressure under the threat of criminal or coercive proceedings

Rule was made absolute in terms of the prayer for protection against coercion