The Allahabad High Court recently stated that a married man being in a live-in relationship with an adult does not constitute a criminal offence, emphasising that societal morality cannot take precedence over the court’s responsibility to safeguard individual rights, according to BarandBench.
A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena was hearing a petition filed by a live-in couple seeking protection from alleged threats by the woman’s family.
During the proceedings, the counsel representing the woman’s family contended that the man, being already married, was committing an offence by living with another woman. In response, the court observed that legal principles must remain distinct from societal notions of morality.
What did the court say? "There is no offence of the kind where a married man, staying with an adult in a live-in relationship, by consent of the other person, can be prosecuted for any offence, whatsoever. Morality and law have to be kept apart. If there is no offence under the law made out, social opinions and morality will not guide the action of the court for protecting the rights of citizens," the report quoted the Bench as saying.
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The court observed that the woman had already submitted a representation to the Superintendent of Police in Shahjahanpur, stating that she is an adult and is living with the man of her own free will in a live-in relationship.
It further noted that her parents and other family members oppose the relationship and have issued death threats, leading the couple to fear the possibility of an honour killing.
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The court mentioned, “Apparently, no action has been taken on this complaint by the Superintendent of Police. To protect two adults living together is the duty of the police. Particular obligations in this regard are cast upon the Superintendent of Police, as held by the Supreme Court in Shakti Vahini v. Union of India and others, (2018) 7 SCC 192. This petition is supported by a joint affidavit of both the petitioners."
The court held that a prima facie case was established and issued notice to the State, scheduling the next hearing for 8 April. It also extended protection to the couple in relation to a kidnapping case lodged on a complaint by the woman’s family.
"Until further orders of this court, the petitioners, to wit, Anamika and Netrapal, shall not be arrested in Case Crime No. 4 of 2026, under Section 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Jaitipur, District Shahjahanpur," it directed.
Moreover, the court ordered that the woman’s family members must not harm the couple and prohibited them from entering their residence or contacting them in any form, either directly or indirectly.