‘Free to move on’: Madhya Pradesh High Court backs married woman’s choice of partner, deploys ‘shourya didis’

Justices Anand Pathak and Pushpendra Yadav directed that all jewellery and household articles which were given by the family of the woman in marriage should be returned to her.

On the issue of dissolution of marriage, the Madhya Pradesh High Court observed that only after obtaining a decree of divorce by mutual consent, the woman can legally enter into wedlock with the said man.

“To protect her interests and the interests of her children, it is necessary that they must move peacefully and with consent,” the order added. 

Protection by ‘shourya didis’

• The Madhya Pradesh High Court directed the government advocate and a woman constable to act as “shourya didis” for the woman for the next six months. 
• The court 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. 
• It found that the woman and the petitioner are ready to move an appropriate application for divorce on mutual consent. 
• The court clarified that, as per the undertaking given by the petitioner and duly accepted by the woman, the petitioner should not have to pay any permanent alimony or permanent/temporary maintenance to her and his children.
• It was also added that the woman would not demand any permanent/temporary alimony or maintenance. 
• The court directed that all jewellery and household articles which were given by the family of the woman in marriage should be returned to her.

‘Live peacefully after divorce’

• The Madhya Pradesh High Court added that after seeking a divorce, the woman and her partner should be at liberty to move on as desired by them. 
• Till divorce proceedings were concluded, the woman was directed to move in with her parents. 
• The court also pointed out that the children may live with the woman or may move between parents as per their convenience, and the petitioner will have complete visiting rights and can meet the children whenever he feels so. 
• It was noted by the Madhya Pradesh High Court that the woman’s parents have submitted that they are ready to marry their daughter to the man because they realised that their daughter will live happily with him and not with her husband. 
• The court further noted that the partner’s mother has submitted that she will accept the corpus as her daughter-in-law. 
• Additionally, it was noted that the woman and her partner are willing to take responsibility for all three children.

8 years of marriage, ill-treatment

The woman submitted before the Madhya Pradesh High Court that she had married the petitioner about eight years ago and that they have three children aged four, three and one. However, she claimed that the petitioner had constantly ill-treated her and out of frustration, she wanted to end her life, but another man saved her from such an act and for the last one month, she has been living with him. 

On the other hand, the husband maintained that his wife was in illegal confinement. All parties appeared before the court, which then interacted with them directly before passing the order.

Arguments

Appearing for the petitioner, advocate Utkarsh Kandil rebutted the allegations of ill-treatment but fairly submitted that his client is also ready to give a divorce to his wife.

However, he added that the petitioner would divorce his wife on the condition that he does not have to pay any permanent/temporary alimony. 

It was further submitted that the husband is ready to take the children with him, or if the estranged wife desires, then he is ready to give custody of all three children to her.