In a significant 2017 ruling, the Rajasthan High Court allowed a married woman named Manju to live with her lover, stating that it is improper to force a woman to stay with her husband if she does not wish to. Justices GS Mishra and KC Sharma emphasized that an adult woman should not be treated as a consumer product, and her choices must be respected.
The court dismissed a habeas corpus petition filed by Manju’s husband, which sought to compel her to return to him. The justices pointed out that habeas corpus petitions are sometimes misused by individuals attempting to impose their will on adult women without their consent.
Prominent Supreme Court advocate and women’s rights activist Indira Jaising supported the decision, stating, “Although it may sound unconventional, I completely agree with the high court. An adult woman has the right to choose whom she wants to live with and cannot be forced to stay with her husband against her will.”
When questioned about whether this situation constituted adultery, Jaising clarified that the woman could not be prosecuted for such an offense under the law. Regarding the man involved, she remarked, “It seems he is prepared to face the consequences.”
National Commission for Women Chairperson Girija Vyas acknowledged the significance of the judgment but refrained from commenting in detail, as she had not yet reviewed the case. The court also noted that the husband could seek a divorce by approaching the family court.
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