Allahabad HC rules consensual live-in relationship of married man not a crime

The Allahabad High Court observed that a married man living in a consensual live-in relationship with another adult woman does not commit an offence, emphasising that legal principles must remain separate from societal morality.

A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena made the remarks while hearing a petition filed by a couple seeking protection from threats allegedly issued by the woman’s family.

Counsel representing the family argued that the relationship was unlawful since the man was already married. Rejecting this contention, the Bench stated:

"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 Bench said.

The Court noted that the woman had submitted a complaint to the Superintendent of Police in Shahjahanpur, affirming that she is an adult and living with the man out of her own free will. She also alleged that her family opposed the relationship and had issued death threats, raising concerns of an honour killing.

Expressing concern over the lack of police action, the Bench remarked: "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," the Court said.

Finding a prima facie case, the Court issued notice to the State, listing the matter for April 8. It also granted interim protection to the couple in connection with a kidnapping case filed by the woman’s family.

"Until further orders of this Court, the petitioners, Anamika and Netrapal, shall not be arrested, under Section 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Jaitipur, District Shahjahanpur," it ordered.

Additionally, the Court restrained the woman’s family from harming or contacting the couple in any manner and barred them from entering their residence. It further directed that the Superintendent of Police, Shahjahanpur, would be personally accountable for ensuring their safety.

The petitioners were represented by Advocate Shahenshah Akhtar Khan, while Additional Government Advocate Ghan Shyam Kumar appeared for the State. Advocate Ajay Kumar Mishra represented a private respondent.
(With Bar and Bench Inputs)