No Offence If Married Man Stays In Live-In Relationship With Adult Woman: Allahabad High Court

The Allahabad High Court has observed that there is no offence if a married man stays with an adult in a live-in relationship with the consent of the other person. 

Stressing that morality and law must remain separate, a bench comprising Justice JJ Munir and Justice Tarun Saxena stated that social opinions and moral views will not dictate the Court's actions when protecting citizens' rights.

The observation was made while hearing a petition seeking protection of a live-in couple allegedly facing threats from the woman's family.

According to the facts of the case, the woman's family had lodged an FIR claiming that the man (petitioner no. 2), who is married, had lured away the 18-year-old woman (petitioner no. 1) through blandishment. The family further argued that, because he is married, living with another woman constitutes a crime.

The bench, however, rejected this argument as it observed thus:

"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 further noted that the woman had submitted an application to the Superintendent of Police, Shahjahanpur, stating that she is an adult and is staying with the petitioner no. 2 out of her own free will.

They also submitted that the girl's parents and family members are averse to the relationship and have threatened her with death, causing both of them to fear an honour killing. However, the district police chief took no action on the complaint.

Taking a serious view of this, the bench reminded the state authorities that it is the fundamental duty of the police to protect two adults living together.

Finding that a prima facie case was made out, the Court admitted the petition and issued notices to the respondents. It granted the state counsel two weeks' time to file a counter-affidavit.

Granting immediate interim relief, the bench directed that until further orders, the petitioners shall not be arrested in the criminal case registered under Section 87 BNS  at Police Station Jaitipur in Shahjahanpur district.

To ensure their protection, the Court also restrained the informant and all members of the woman's family from causing any harm to the parties in life or limb.

The bench further directed that they shall not enter the parties' matrimonial home or contact them directly or through any electronic means of communication or through the agency of others.

The Superintendent of Police, Shahjahanpur, shall be personally responsible for ensuring the safety and security of the petitioners, the bench added.

Counsel for Petitioner(s) : Brajesh Kumar, Shahenshah Akhtar Khan

Counsel for Respondent(s) : Ajay Kumar Mishra, G.A., Sharangpani Vikramdhar Dwivedi