The Madhya Pradesh High Court at Jabalpur, in a ruling dated August 18, 2025, reiterated that an adult woman has the right to decide where and with whom she wants to live, even if the man in question is already married.
A division bench of Justice Atul Sreedharan and Justice Pradeep Mittal observed that there is no law barring a woman of legal age from residing with a married man. The judges clarified that while marriage to a married person may amount to bigamy, such an offence is non-cognizable, and it is for the first wife to initiate proceedings if she chooses.
The case arose when a young woman, referred to as ‘X’, was brought before the bench after eloping with a man who was reportedly married. Court records confirmed that ‘X’ was over 18 years old. When questioned, she expressed her clear wish to stay with the man she had chosen.
The petitioner’s counsel, Advocate Aayush Sharma, argued that since the man was already married, the woman should be compelled to return to her parents. Rejecting this contention, the Court highlighted that the central fact was her being an adult, noting:
“An adult with a mind of her own cannot be forced to live with her parents. She has the right to decide—right or wrong—who she wants to live with.”
During the proceedings, the State, represented by Deputy Advocate General Abhijeet Awasthi, informed the bench that the man had already separated from his first wife and was pursuing a divorce. Taking note, the Court emphasized that such circumstances did not restrict the woman’s choice of residence.
The judges also underlined that their role was not to deliver judgments on morality but to safeguard individual rights. Since the woman declined to go back to her parents, the Court directed the police to release her.
The order required two conditions: (1) the woman must give an undertaking that she will reside with the man of her choice, and (2) the man must provide written confirmation of accepting her companionship. With these directions, the petition was dismissed.
