Prateek Tanmay
4 min readNew DelhiJun 10, 2026 08:00 AM IST
The Madhya Pradesh High Court recently held that an 18-year-old pregnant woman is free to live according to her own wishes, in a case where two men claimed to be her husband, and it was alleged that her father had earlier sold her and later forcibly took her back to his home with police assistance.
Justices G S Ahluwalia and Deepak Khot were hearing a habeas corpus petition filed by a man who claimed that he had married the woman in March after performing religious rituals and that she was being illegally confined by her father.
“Therefore, considering the fact that the corpus (woman) is a major, this petition is disposed of with the direction that the corpus is free to live as per her own wishes. However, if she lives with the petitioner, then it will not, in any case, legalise her relationship with the petitioner as marriage, unless it is so declared by the competent Court,” the June 8 order read.
Justices G S Ahluwalia and Deepak Khot noted that the woman had expressed her willingness to live with the petitioner.
One woman, two men claiming to be her husband
- According to the petitioner, the woman had earlier been sold by her father but managed to escape and subsequently married him. He further submitted that she was about two-and-a-half months pregnant.
- It was alleged that on June 1, 2026, police personnel, with the assistance of the woman’s father, forcibly took her back to her parental home, where she had since been kept against her will.
- Pursuant to the court’s direction, the woman was produced before the bench by police officials, including a lady constable.
- The court then noted that another man had sought to intervene in the proceedings, claiming that the woman had married him before the marriage allegedly performed with the petitioner.
- The intervenor placed a marriage invitation card and photographs on record and contended that the woman was his legally wedded wife and should be permitted to live with him.
‘Woman chooses petitioner’
After interacting with the woman in person, the high court noted that she had expressed her willingness to live with the petitioner.
The bench also recorded that the woman was a major, her date of birth being January 1, 2008.
The court accordingly allowed the intervention application filed by the second claimant but ultimately held that, being an adult, the woman was free to decide where and with whom she wished to reside.
Advocate Archit Sharma appeared for the petitioner, while Government Advocate Dharmendra Nayak represented the state.
Story continues below this ad
Woman allowed to live with partner of her choice
In an unrelated case, the Madhya Pradesh High Court previously allowed a married woman who alleged ill-treatment by her husband to live with her partner of choice, holding that as an adult, she is free to decide her life, while directing support through ‘shourya didis’ to ensure her well-being.
Justices Anand Pathak and Pushpendra Yadav, on April 23, were hearing a habeas corpus petition filed by the husband, who alleged that his wife was held in illegal confinement by another man and sought her custody.
On the issue of dissolution of marriage, the high court, however, observed that only after obtaining a decree of divorce by mutual consent can the woman legally enter into wedlock with the said man.
The Madhya Pradesh High Court also directed the government advocate and a woman constable to act as “shourya didis” for the woman for the next six months and pointed out that ‘shourya didis’ will take care of the woman and will be in regular touch with her and enquire about her well-being.
