No Law Prevents an Adult Woman from Living with a Married Man: Madhya Pradesh HC
The Madhya Pradesh High Court at Jabalpur, on August 18, 2025, reaffirmed that an adult woman has the fundamental right to live with the person of her choice. Court underscored that there is no law that prevents an adult woman with a "mind of her own" from living with a man of her choice, even if he's married.
"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," a division bench comprising Justice Atul Sreedharan and Justice Pradeep Mittal said.
Court stressed the principle that an adult with a "mind of her own" cannot be forced to live with her parents against her will.
The order was passed in a case involving a Corpus, identified only as 'X', whose age was confirmed to be more than 18 years. According to the court documents, 'X' had been produced before the bench after she had eloped with a person. Upon questioning by the court, 'X' explicitly stated her wish to live with the person she had eloped with.
The petitioner, represented by Advocate Shri Aayush Sharma, had argued that 'X' should be compelled to return to her parents because the person she chose to live with was already married.
The court, after considering these submissions, held that the age of the Corpus was the undisputed and most critical fact of the case. It stated that an adult "cannot be treated like Chasser" and 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".
Court further addressed the legal implications of the relationship. During the proceedings, the Deputy Advocate General Abhijeet Awasthi, representing the State, informed the court that, based on instructions from the police, the man with whom 'X' wished to live had already left his first wife and was in the process of seeking a divorce.
Taking note of the same, court observed that there is "no law that can prevent 'X' from living along with the said person" simply because he is married.
Court, however, noted its limited role in such matters. It emphasized that the court "cannot pontificate on matters relating to morality" and its primary duty was to uphold the legal rights of the individual.
Given that 'X' was an adult who had declined to return to her parents, court directed the police to release her.
The order specifically requested the police, through DSP Shri Manish Tripathi of Gotegaon, District Narsinghpur, to release 'X' after two conditions were met: first, 'X' must provide an undertaking that she will live with the person of her choice, and second, the person she is living with must provide an endorsement confirming his acceptance of her company.
With these directions, the writ petition was disposed of.
Case Title: xxx vs State of Madhya Pradesh and Others
Order Date: August 18, 2025
Bench: Justice Atul Sreedharan and Justice Pradeep Mittal