MP High Court ruling: The Gwalior bench of the Madhya Pradesh High Court (HC), on Monday, upheld a married woman’s right to reside with her partner, trashing a habeas corpus plea filed by her husband. The bench made the ruling when the young woman, standing before the court alongside her husband, parents and partner, made her stance unequivocally clear; she wishes to live life on her own terms.
Courtroom’s verdict changes everything
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Gwalior bench of MP HC[/caption]
The woman told the bench, “I am an adult. I am living of my own will. I do not wish to stay with my husband or with my parents.” Her statement emerged as the turning point in a case that began with her husband, Avdhesh, alleging that she was being unlawfully confined by another man, named Anuj Kumar. Acting on the directives of the court, the police traced the woman and lodged her at a one-stop centre before producing her in court.
Marriage under strain
During the hearing, the woman highlighted the 21-year age gap between her and her husband. She told the court she is 19, and said she was unhappy with the marriage. She alleged mistreatment from her husband’s side and vehemently reiterated her desire to live with her partner. Despite the court ordering counselling to allow reconciliation, her decision remained unwavering. Her partner assured the court of her well-being and safety.
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Representative image[/caption]
Court says woman’s autonomy must be respected
A division bench comprising Justice Anand Pathak and Justice Pushpendra Yadav said that as an adult, her autonomy must be respected. The bench noted that once it was established that she was not under illegal confinement, the basis of the habeas corpus petition ceased to exist. The Justices thereafter permitted her to leave with her partner.
MP High Court ruling: Officials directed to ensure woman’s safety
Before disposing of the case, the bench directed that designated officials, referred to as ‘Shaurya Didi,’ remain in contact with the woman for a period of six months to ensure her safety. It also ordered to release her from the one-stop centre after due formalities.
Notably, the ruling follows a similar observation made by the Allahabad HC weeks ago, which said that consensual live-in relationships between adults do not constitute an offence, underlining that legal rights must prevail over societal perceptions.
Also read: “Live-in relationship not a crime for a married man,” rules Allahabad HC