In a 2017 ruling, the Rajasthan High Court declared that a married woman has the right to live with her lover if she chooses, even against her husband’s wishes. The court, in this case, ruled in favor of a woman named Manju, allowing her to decide whom she wants to live with, affirming that no one can compel an adult woman to stay in a relationship she does not want.
Justices GS Mishra and KC Sharma emphasized that it is inappropriate to force a married woman to return to her husband if she is unwilling. “An adult woman is not a consumer product,” the court stated, reinforcing the importance of individual rights and consent.
The judgment came in response to a habeas corpus petition filed by Manju’s husband, seeking to compel her return to their marital home. The court dismissed the petition, pointing out that such legal actions are often misused by those attempting to impose their will on women, rather than respecting their autonomy.
Renowned Supreme Court advocate and women’s rights activist, Indira Jaising, supported the ruling. “Though it may seem unconventional, the high court’s decision is correct. At the end of the day, an adult woman has the right to decide with whom she wishes to live. She cannot be forced to stay with her husband against her will,” Jaising said.
When asked if the case involved adultery, Jaising clarified that under the law, the woman could not be prosecuted for this, and the man in question was seemingly prepared to face any legal consequences.
The National Commission for Women Chairperson, Girija Vyas, also acknowledged the importance of the ruling, though she reserved further comment until a full review of the case.
In its final remarks, the court advised that the husband was free to seek divorce through the family court if he so wished. This judgment reaffirmed that women have the right to make their own choices in relationships and should not be forced into unwanted situations.
The ruling serves as an important milestone for women’s rights, highlighting the importance of consent and personal choice in marital relationships, and ensuring that no woman is treated as property or forced into a situation against her will.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
