Madhya Pradesh HC has granted relief to an adult woman who eloped with a married man, contending that she cannot be treated like Chasser. She has 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. In an interesting ruling coming from learned counsels, there is no law that prevents an adult woman from living with a man who is already married.
A Division Bench of Justice Atul Sreedharan and Justice Pradeep Mittal added that in case the woman gets married to the man, only his first wife can register a case to prosecute them for bigamy. The court was dealing with a habeas corpus plea moved for the custody of a woman aged more than 18 years.
It was alleged that she had eloped with a married man when should be living with her parents. The State counsel submitted that the person with whom she wants to live had left his first wife and was proposing to get a divorce.In the decision dated August 18, the Court said that woman is an adult with the right to make a decision, whether right or wrong, with regard to the person with whom she wants to live.
“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,” the Court added. The Court further said it cannot pontificate on matters relating to morality and directed the police to release the woman. 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.
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.
“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, DSP, Gotegaon, District Narsinghpur) are 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,” it ordered. Advocate Aayush Sharma represented the petitioner. Deputy Advocate General Abhijeet Awasthi represented the State.
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