Married Woman Can Live With Her Lover, Rules Rajasthan High Court
In a notable judgment, the Rajasthan High Court allowed a married woman to live with her lover, saying that no one can force an adult woman to stay with someone she doesn’t want to be with—even if that person is her husband.
The case involved a woman named Manju. Her husband had filed a habeas corpus petition, asking the court to order her return to him. However, the court rejected his request, stating that such petitions should not be used to control adult women’s choices.
The bench, comprising Justices GS Mishra and KC Sharma, said, “It is wrong to order any married woman to return to a husband she doesn’t want to live with. An adult woman is not a product to be claimed.”
Well-known Supreme Court lawyer and women’s rights activist Indira Jaising supported the court’s decision. She said, “It may sound unusual, but the court is absolutely right. A grown woman has the freedom to decide whom she wants to live with. She cannot be forced to stay with her husband if she doesn’t want to.”
When asked if this could be considered adultery, Jaising explained that the woman herself cannot be prosecuted under the law for adultery. Regarding the man she chose to live with, she added, “It appears he is ready to face any legal consequences.”
Chairperson of the National Commission for Women, Girija Vyas, also acknowledged that this seemed like a significant ruling, although she said she could not comment further without reviewing the full judgment.
The court added that if the husband wants, he is free to approach the family court to file for divorce.
This decision reinforces the rights of adult women to make personal choices about their lives and relationships.
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