Court Cannot Pontificate On Morality: MP High Court Orders Release Of Adult Woman To Live With Already Married Man
A habeas corpus petition was filed concerning a woman who had eloped with a married man.
Justice Atul Sreedharan, Madhya Pradesh High Court
The Madhya Pradesh High Court ruled that an adult woman has the fundamental right to choose where and with whom she wishes to live, irrespective of the man’s marital status.
A habeas corpus petition was filed concerning a woman who had eloped with a married man.
A Bench of Justice Atul Sreedharan held, “this Court cannot pontificate on matters relating to morality and once having observed that the Corpus 'X' has a right to stay with whom she wants to stay with and as she has declined to stay with her parents, the police (Shri Manish Tripathi, D.S.P., Gotegaon, District Narsinghpur) is requested to release the Corpus 'X' after taking an undertaking from her that she is going to live with the person of her choice and also take an endorsement from the person with whom she is living that he has accepted the company of the Corpus.”
Advocate Aayush Sharma appeared for the petitioner and Advocate Abhijeet Awasthi appeared for the Respondents.
The Court noted that the woman, whose age is undisputedly above 18, appeared before the bench and clearly expressed her desire to live with the man she had eloped with.
The petitioner, reportedly a relative of the woman, contended that the man in question was already married and therefore, she should be sent back to live with her parents.
However, the Court observed, “However, the undisputed fact is that the Corpus 'X' is an adult. She cannot be treated like Chasser. She has a right and 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.”
The Court added, “As regards the person with whom she wants to live being married, there is no law that prevents her from living along with the said person. If she gets married to him, the same being a non cognizable offence, only the first wife can register a case against her husband and her if such an eventuality takes place, to prosecute them for bigamy.”
Furthermore, the counsel representing the State informed the Court that the man in question has already separated from his first wife and is in the process of seeking a divorce.
It directed the police to release the woman after obtaining a written undertaking from her and an endorsement from the man acknowledging that he accepts her company.
The habeas corpus petition was thereby disposed of.
Cause Title: X v. The State of Madhya Pradesh & Ors., [2025:MPHC-JBP:38932]