Law Does Not Prevent An Adult Woman From Living With A Married Man: MP High Court

The Madhya Pradesh High Court said that there is no law which prevents an adult woman to live with married man adding that she has the right to choose with whom she wishes to live with. 

The court noted that she had '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', adding that the court cannot "pontificate on matters relating to morality".

It however said that in case an adult woman marries the married man, in such a case only the married man's first wife can register a case against him and the woman for bigamy. 

The bench of Justice Atul Sreedharan and Justice Pradeep Mittal in his order 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. 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"

The court passed the order while hearing a habeas corpus plea. When she was produced before the court, the woman had expressed her desire to live with the man with whom she had eloped. However the petitioner's counsel said that since the man she had eloped with was married, the woman should be living with her parents.

Meanwhile the State counsel stated on instructions from the police, that the person whom the corpus wants to live with has already left his first wife and is proposing to take a divorce.

The court thereafter said:

"Be that as it may, as 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 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". 

Thus, the court directed the police to release the woman after taking an undertaking from her that she will live with with the person of her choice and also an endorsement from the person with whom she is living that he has accepted her company. 

The court, thus, disposed of the matter. 

Case Title: N v State of MP

Citation: 2025 LiveLaw (MP) 178

For Petitioner: Advocate Aayush Sharma

For Respondent: Deputy Advocate General Abhijeet Awasthi

Click here to read the Order