Adult Woman Free To Live With Married Man, Personal Autonomy Prevails Over Morality: Madhya Pradesh HC [Read Order]

Madhya Pradesh: The Madhya Pradesh High Court has ruled that an adult woman has the fundamental right to live with a married man, emphasizing that personal autonomy cannot be curtailed by moral considerations.

A division bench of Justice Atul Sreedharan and Justice Pradeep Mittal delivered the judgment while hearing Writ Petition No. 31544 of 2025, filed by Neeke Lal Mehra against the State of Madhya Pradesh and others. The case involved a woman who had eloped and was being held by authorities.

When produced before the court, the woman—confirmed to be above 18 years of age—stated clearly that she wished to live with the man she had eloped with. The petitioner’s counsel argued that since the man was already married, the woman should be compelled to return to her parents. The bench firmly rejected this contention.

Justice Sreedharan, writing for the bench, observed:
“The undisputed fact is that the Corpus ‘X’ is an adult. She cannot be treated like chattel. 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.”

Clarifying the legal position, the court held that while cohabitation with a married man is not prohibited by law, contracting marriage with him would amount to bigamy—a non-cognizable offence. The bench noted that in such a situation, only the first wife could initiate legal proceedings.

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The State’s counsel further informed the court that the man had already separated from his first wife and was seeking divorce. However, the court chose not to delve into marital disputes, focusing instead on the principle of adult autonomy. It emphasized that courts are not arbiters of morality when constitutional rights of personal liberty and choice are at stake.

Directing her release, the bench ordered D.S.P. Manish Tripathi of Gotegaon, District Narsinghpur, to obtain an undertaking from the woman confirming that she was voluntarily choosing to live with the man. The man was also required to give an endorsement accepting her company, ensuring mutual consent.

Shri Aayush Sharma, Advocate, appeared for the petitioner, while Shri Abhijeet Awasthi, Deputy Advocate General, represented the State.

Case Title: Neeke Lal Mehra vs. The State of Madhya Pradesh and Others

[Read Order]

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