The Madhya Pradesh High Court has clarified that there is no law preventing an adult woman from living with a man who is already married. A Division Bench of Justice Atul Sreedharan and Justice Pradeep Mittal delivered the ruling while hearing a Habeas Corpus petition regarding the custody of a woman over 18 years of age.
The woman’s parents alleged she had eloped with a married man and should return home. However, the Court held that as an adult, she has the legal right to decide with whom she wishes to live, whether her decision is right or wrong.
The State’s counsel argued that the man had left his first wife and was seeking divorce. Addressing this, the Bench stated that if the woman chooses to marry him, only the first wife would have the right to file a complaint for bigamy.
Emphasizing individual freedom, the judges noted: “This Court cannot pontificate on matters of morality.” They directed police to release the woman after securing an undertaking that she wishes to stay with the man and acknowledgment from him that he accepts her company.
Advocate Aayush Sharma represented the petitioner, while Deputy Advocate General Abhijeet Awasthi appeared for the State.
