Consensual live-in relationship not an offence, even if man is married: Allahabad HC

A married man staying with another woman in a mutually consensual live-in relationship between two adults is not an offence as per law, stated the Allahabad High Court. The court observed that its duty to protect citizens cannot be overridden by social morality.

The observation was recently made by a bench Division Bench of Justice JJ Munir and Justice Tarun Saxena during the hearing of a plea for protection by a live-in couple who alleged that they were facing threats from the woman’s family.

During the hearing, the counsel of the woman’s family argued that since the man was already married, it was an offence for him to live with another woman. The bench, however, responded, stating that the law has to be kept separate from social morality.

What Allahabad HC said

"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 quoted by the Bar and Bench.

Also Read: After hearing 30 cases in a day, Allahabad HC judge says ‘hungry, tired’, reserves order

Elaborating further, the bench pointed out that the woman has already submitted an application to the Superintendent of Police of Shahjahanpur, stating that she is an adult and was living with the man of her own volition.

It further stated that her parents and other family members are against her live-in relationship and were threatening her with death, and both fear honour killing.

Grants protection to couple

"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 joint affidavit of both the petitioners," stated the Court.

Also Read: Allahabad HC quashes case against two students over namaz at restricted site

The High Court said that a prima facie was made out and issued notice to the State for April 8, granting protection to the couple in a case of kidnapping lodged by the woman’s family.

Restrains woman’s family

"Until further orders of this Court, the petitioners, to wit, Anamika and Netrapal shall not be arrested in Case Crime No. 4 of 2026, under Section 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Jaitipur, District Shahjahanpur," it added.

The High Court also restrained the woman’s family from causing any harm to the couple as well as from entering their home or contacting them either directly or indirectly. It said that the Superintendent of Police of Shahjahanpur shall be personally responsible for the couple's safety and security.