'Married man’s live‑in relationship not a crime, morality and law are different,' says Allahabad High Court

The observation came while a division Bench of Justice J.J. Munir and Justice Tarun Saxena was hearing a plea seeking protection for a live‑in couple facing threats from the woman’s family.

In a significant observation, the Allahabad High Court has said that a married man being in a live‑in relationship with an adult is not a crime and that morality and law must be treated separately.

The court made the remark while hearing a writ petition filed by a live‑in couple seeking protection, and directed the concerned Superintendent of Police (SP) to ensure their security.

The observation came while a division Bench of Justice J.J. Munir and Justice Tarun Saxena was hearing a plea seeking protection for a live‑in couple facing threats from the woman’s family.

The counsel for the woman’s family argued that since the man is already married, it is an offence for him to stay with another woman. However, the Court stated that the law must be kept separate from social morality.

“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, as per Bar and Bench.

Noting that the woman had already filed an application before the Superintendent of Police of Shahjahanpur, stating that she is an adult and is living on her own free will with the man in a live‑in relationship, as per the Bar and Bench reprot.

It further noted that her parents and other family members oppose their union and have threatened her with death, and that both of them fear an honour killing.

“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, 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 affidavit of both the petitioners,” the Court said.

The court also directed women’s family in its March 25 order to “remain restrained from causing any harm to the couple in life or limb.” It added that the family “shall not enter their matrimonial home or contact them directly or through any electronic means of communication or through any other persons.”

The court directed the Superintendent of Police, Shahjahanpur will be responsible for the couple's safety and security.