Married man's live-in relation not illegal, morality can't override law: Court

The Allahabad High Court ruled that a married man in a consensual live-in relationship with a woman commits no offence.

In Short

• High Court says social morality and law must be kept separate
• Rules married man living with woman by consent not offence
• Bars woman's family from harming or contacting couple

A married man entering into a live-in relationship with a woman is not an offence under the law, the Allahabad High Court has observed, emphasising that social morality cannot override the court’s duty to protect individual rights.

Hearing a plea seeking protection for a live-in couple facing threats from the woman's family, the court said no offence is committed when a married man cohabits with an adult by mutual consent.

"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 High Court noted that the woman had informed the Superintendent of Police that she was living with the man of her own free will, but alleged inaction by the police despite threats of honour killing from her family. The court stressed it is the duty of the police "to protect two adults living together".

"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," the division bench of Justice JJ Munir and Justice Tarun Saxena said, underscoring that particular obligations in this regard are cast upon the Superintendent of Police, as held by the Supreme Court in a previous verdict.

The court issued a notice to the Uttar Pradesh government, listing the matter for April 8, and directed that immediate protection be provided to the couple. It also held the Superintendent of Police, Shahjahanpur, personally responsible for ensuring their safety and security.

The bench granted interim relief in a related criminal case, ordering that the petitioners, Anamika and Netrapal, shall not be arrested in connection with a kidnapping case registered in Shahjahanpur.

Additionally, the woman’s family has been restrained from causing any harm to the couple, entering their residence, or contacting them directly or indirectly.

- Ends