No offence if married man in consensual live-in relationship, says Allahabad High Court

The Allahabad High Court has granted legal protection to a couple living together in a consensual live-in relationship, saying that being married does not make it a crime for a man to stay with an adult woman.

The case arose after the woman’s family raised objections, arguing that the man’s marriage made the relationship illegal.

A Bench of Justices J.J. Munir and Justice Tarun Saxena on March 25 stated that 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, social opinions cannot guide the court’s actions in protecting citizens’ rights,” the court said.

The woman had filed a petition with the Shahjahanpur police stating she was staying with her partner voluntarily and that her family had threatened them, fearing “honour killing” if the relationship continued.

The court directed that neither she nor her partner should be harmed or arrested and prohibited her family from contacting them or entering their home. It also made the Superintendent of Police, Shahjahanpur, personally responsible for ensuring their safety.