The Allahabad High Court held that a married man staying together with an adult woman by mutual consent does not amount to a criminal offence, underlining that legal rights cannot be dictated by societal notions of morality.
A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena was adjudicating a writ petition seeking protective relief for a live-in couple allegedly facing threats from the woman's family.
Learned counsel for the woman's family submitted that, as the man is already legally wedded, his continued stay with another woman amounts to an unlawful act and is liable to attract penal consequences. However, the Court remarked that law has to be kept separate from social morality.
"A married man living with an adult woman in a consensual live-in relationship does not, by itself, constitute any criminal offence. The law must be seperated from notions of morality, and in the absence of any offence under the statute, societal views or moral considerations cannot influence the Court while safeguarding citizens rights," the bench said.
The Court recorded that the woman had already moved an application before the Superintendent of Police, Shahjahanpur, stating that she is a major and is residing with the man in a live-in relationship of her own free will.
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It added that her parents and other family members are averse to their union and have threatened her with death, and both fear 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," Court observed.
Specific duties in this regard are imposed upon the Superintendent of Police, as laid down by the Supreme Court in Shakti Vahini v. Union of India (2018) 7 SCC 192.
The Bench also extended interim protection to the couple in connection with a kidnapping case registered on the complaint lodged by the woman's family."This petition is supported by joint affidavit of both the petitioners," the Court said. It concluded that a prima facie was made out and issued notice to the State for April 8.
The Court also granted protection to the couple in a kidnapping case registered on a complaint filed by the woman's family. The Court directed that, pending further orders, the petitioners, namely Anamika and Netrapal, shall not be subjected to arrest in Case Crime No. 4 of 2026 registered under Section 87 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Jaitipur, District Shahjahanpur.
Further, the court restrained the woman's family from causing any harm to the couple. They have also been restrained from entering their home or contacting them either directly or indirectly
The court further directed that the Superintendent of Police, Shahjahanpur, shall be personally accountable for ensuring the safety and security of the couple. Advocate Shahenshah Akhtar Khan appeared on behalf of the petitioners.
The Additional Government Advocate Ghan Shyam Kumar appeared for the State. While . Advocate Ajay Kumar Mishra appeared for a private respondent.
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