The Madhya Pradesh High Court upheld the right of a 19-year-old woman to choose her partner, allowing her to leave with the man she wished to live with despite objections from her husband and family.
The case arose from a habeas corpus petition filed by her husband, Avdhesh, who alleged that she was being illegally detained by another man, Anuj Kumar. Acting on court directions, the police traced the woman and placed her in a one-stop centre before presenting her before the court.
During the hearing, the woman clearly stated that she was an adult and was acting of her own free will. She refused to return either to her husband or to her parents. She also spoke about her marriage, highlighting a significant age gap—she is 19, while her husband is 40—and alleged that the relationship was unhappy and marked by mistreatment.
The court, comprising Justices Anand Pathak and Pushpendra Yadav, ordered counselling to allow her to reconsider her decision. However, even after counselling sessions, she remained firm in her choice to live with Anuj Kumar. Her partner also assured the court that he would take responsibility for her safety and well-being.
After verifying that she was not under any unlawful confinement, the court concluded that the basis of the habeas corpus petition no longer existed. It ruled that as a legally competent adult, she has the right to decide where and with whom she wishes to live, and permitted her to leave with her partner.
To ensure her safety, the court directed that designated officials, referred to as “Shaurya Didi,” remain in contact with her for six months. It also ordered her release from the one-stop centre after completing the necessary formalities.
This decision aligns with recent observations by the Allahabad High Court, which reiterated that consensual relationships between adults—regardless of marital status—do not constitute an offence, and that personal liberty must be protected independent of societal or moral judgments.
The ruling reinforces a consistent legal principle: an adult’s autonomy in personal relationships cannot be overridden by family pressure, marriage, or social expectations.
