The Madhya Pradesh High Court has ruled that there is no law preventing an adult woman from living with a married man, emphasizing that she has the right to decide with whom she wishes to live. The Court observed that an adult woman possesses “a mind of her own and the right to make a decision, whether right or wrong, with regard to the person with whom she wants to live.” It further noted that the Court cannot “pontificate on matters relating to morality.”
The Bench of Justice Atul Sreedharan and Justice Pradeep Mittal clarified that if an adult woman marries a married man, the situation would amount to bigamy, and in such a case, only the man’s first wife would be entitled to file a complaint against him and the woman. As bigamy is a non-cognizable offence, prosecution can be initiated only at the instance of the first wife.
The order was passed in a habeas corpus petition where the woman, upon being produced in court, expressed her desire to live with the man she had eloped with. Counsel for the petitioner argued that since the man was already married, the woman should return to her parents’ custody. The State, however, informed the Court that the man had already separated from his first wife and intended to seek a divorce.
Rejecting the petitioner’s contention, the Court reiterated that questions of morality were outside its purview. It held that since the woman was an adult and declined to live with her parents, she was free to live with the man of her choice.
Accordingly, the Court directed the police to release the woman after obtaining an undertaking from her that she wished to live with the man and an endorsement from the man confirming that he accepted her company. With these directions, the habeas corpus petition was disposed of.
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