'No Law Stops a Woman From Living With a Married Man': Says Madhya Pradesh High Court

The Madhya Pradesh High Court has ruled out that no law in India prevents an adult woman from living with a man who is already married. Emphasizing the importance of individual freedom, the Court also noted that it is not the judiciary’s role to make moral judgments in such matters.

A Division Bench comprising Justice Atul Sreedharan and Justice Pradeep Mittal observed that since the woman in question is an adult, she has the absolute right to decide where and with whom she wishes to live.

The Court remarked, “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 judges further clarified that even if the woman chooses to continue her relationship with a married man, only his first wife has the legal standing to file a complaint for the offense of bigamy. Neither her parents nor the state can initiate prosecution on this ground.

The Bench added,

“This Court cannot pontificate on matters relating to morality. Once it is established that the Corpus ‘X’ has a right to stay with whomever she chooses, and as she has declined to stay with her parents, the police (Shri Manish Tripathi, D.S.P., Gotegaon, District Narsinghpur) are requested to release the Corpus ‘X’ after obtaining an undertaking from her that she wishes to live with the person of her choice, along with an acknowledgment from the said person that he accepts her company.”

The case arises from allegations that the woman had ran away with a man who was already married and her parents insisting she should return home.

During the hearing, the State’s counsel informed the Court that the man had already separated from his first wife and was planning to seek a divorce. 

The woman was represented by Advocate Aayush Sharma, while Deputy Advocate General Abhijeet Awasthi appeared for the State.

With the Court’s direction, the police were instructed to release the woman immediately after recording her statement and securing the necessary undertaking.

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