“Morality and law must be separated. If there is no offense under law, social opinions cannot guide the court’s action in protecting the rights of citizens,” the Allahabad High Court said. File | Photo credit: Getty Images/iStockphoto
The Allahabad High Court has granted legal protection to a couple living in a consensual live-in relationship, saying that marriage does not make it a crime for a man to stay with an adult woman.
The case arose after the woman’s family raised objections, arguing that the man’s marriage made the relationship illegal.
A bench of Justice JJ Munir and Justice Tarun Saxena said on March 25 that there is no offense where a married man who remains in a live-in relationship with an adult with the consent of the other person can be prosecuted for any offence.
“Morality and law must be separated. If there is no offense under the law, social opinions cannot guide the action of the court in protecting the rights of citizens,” the court said.
The woman filed a petition with the Shahjahanpur police saying that she was staying with her partner voluntarily and that her family had threatened them as they feared “honour killings” if the relationship continued.
The court ordered that neither she nor her partner be harmed or arrested, and banned her family from contacting them or entering their home. This also made the Shahjahanpur Superintendent of Police personally responsible for ensuring their safety.
Published – 27 March 2026 19:06 IST
