The Allahabad High Court recently held that a married man in a live-in relationship with an adult is not an offence, stressing that social morality cannot override the court’s responsibility to protect the rights of an individual, the BarandBench said.
A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena heard a petition filed by a live-in couple seeking protection against alleged threats by the woman’s family.
A lawyer representing the woman’s family argued during the proceedings that the man, who is already married, had committed a crime by living with another woman. In response, the court noted that legal principles must remain distinct from societal notions of morality.
What did the court say?
“There is no offense where a married man who, with the consent of the other person, remains in a live-in relationship with an adult person can be prosecuted for any offence. Morality and law must be kept separate. If there is no offense under law, social opinion and morality will not guide the court’s action to protect the rights of citizens,” the Bench report quoted.
The court noted that the woman had already submitted a representation to the Superintendent of Police, Shahjahanpur, stating that she was an adult and was living with the man of her own free will in a live-in relationship.
He further noted that her parents and other family members were against the relationship and had issued death threats, leading the couple to fear the possibility of an honor killing.
The court said, “Apparently no action has been taken on this complaint by the Superintendent of Police. It is the duty of the police to protect two adults living together. Special duties are placed on the Superintendent of Police in this regard 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 petition by both the petitioners.”
The court ruled that a prima facie case was established and issued notice to the state and scheduled the next hearing on April 8. It also extended protection to the couple in connection with a kidnapping case filed on the basis of a complaint by the woman’s family.
“Until further orders are passed by this court, the appellants, namely Anamika and Netrapal, shall not be arrested in Crime Case No. 4 of 2026 under Section 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Jaitipur, District Shahjahanpur,” he said.
In addition, the court ordered that the woman’s family members must not harm the husbands and prohibited them from entering their homes or contacting them directly or indirectly in any way.
He further directed that the Superintendent of Police, Shahjahanpur, will be personally responsible for ensuring the safety and security of the couple.
