The Madhya Pradesh High Court, Jabalpur Bench, dismissed a habeas corpus petition concerning an 18-year-old woman who had eloped with a married man and expressed her wish to reside with him.
The petitioner, her legal guardian, contended that since the man was already married, she should not be permitted to stay with him and must return to her parental home. However, the Court emphasized that the woman was not a minor and therefore free to live with a person of her choice, even if he was married. It noted that the only legal objection to such a relationship could arise from the man’s first wife by initiating proceedings for bigamy.
The State apprised the Court that the man had already separated from his first wife and intended to seek divorce. The Court clarified that it could not act as a moral authority, but only as a protector of the fundamental rights guaranteed under Article 21 of the Constitution. Since no case of illegal detention was made out, the Court directed the release of the woman, subject to her undertaking and the man’s acknowledgement of accepting her company.
The petition was accordingly disposed of, with the Court reiterating that social disapproval or moral concerns cannot override an individual’s liberty and choice.
Appearances-
Shri Aayush Sharma – Advocate for the petitioner.
Shri Abhijeet Awasthi – Dy. Advocate General for respondents