In a recent ruling, the Madhya Pradesh High Court said that no law prohibits a woman from living with a man who is already married to another woman. The court said this while dismissing a Habeas Corpus petition seeking custody of an adult woman who chose to live with a married man.
The case stemmed from a petition filed by the woman’s parents, who alleged that their daughter, over 18 years old, had eloped with the man and should be returned to their custody. However, the woman, referred to as ‘X’ in court documents, expressed her desire to continue living with the man, who had reportedly left his first wife and was seeking a divorce.
A Division Bench comprising Justice Atul Sreedharan and Justice Pradeep Mittal observed that the woman, being an adult, has the autonomy to decide her living arrangements, even if it involves a married man. The court emphasised that it cannot intervene on moral grounds and noted that only the man’s first wife could pursue legal action for bigamy if he marries the woman before the grant of divorce.
“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 judgment stated.
The Bench directed the police to release the woman after obtaining an undertaking from her confirming her choice and an endorsement from the man accepting her company.
