‘Married Man's Live-In Relationship Not a Crime, Morality & Law are Separate’: Allahabad High Court

Allahabad: In a major observation, the Allahabad High Court has ruled that a married man living with another adult in a consensual live-in relationship cannot be regarded as committing a criminal offence. The court emphasized that moral and legal matters must be kept apart and that social beliefs cannot be used as an excuse for denying someone legal protection.

The statements were made by a bench of Justices JJ Munit and Tarun Saxena during the hearing of a petition submitted by a couple requesting protection, alleging that the woman's family was threatening them.  

Court draws line between law and morality

Rejecting the allegations made by the woman’s family, 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 court emphasised that when it comes to safeguarding individual rights, legal provisions will prevail over societal perceptions.

Family’s complaint and allegations

According to the case details, the woman’s family had filed a FIR claiming that the man, petitioner no. 2, who is already married, had enticed the 18-year-old woman through blandishment. They contended that because of his married status, his involvement with another woman ought to be considered a crime.

The court, however, rejected this argument.

Woman asserts she is living by choice

The bench observed that the woman had applied to the Shahjahanpur Superintendent of Police, explicitly declaring that she is an adult and that she is voluntarily living with petitioner no. 2.

In addition, the couple informed the court that the woman's family was against their relationship and had threatened to kill her, raising the possibility of an honor killing. In spite of this, the district police head ignored her allegation.

Protection granted, police held accountable

The court took the case seriously and declared that it is the police's basic responsibility to protect two consenting adults living together. Observing that a prima facie case existed, the court acknowledged the petition and issued notices to the defendants, giving the state counsel two weeks to file a counter affidavit.

The court ordered that the petitioners not be detained in the criminal complaint filed under Section 87 BNS at Police Station Jaitipur in the Shahjahanpur district as a temporary remedy.

Additionally, the bench prohibited the woman's relatives and the informant from hurting the pair or getting in touch with them in any way directly, online, or via a third party.

Furthermore, the petitioners' safety and security are now directly under the supervision of Shahjahanpur's Superintendent of Police.