Allahabad HC's observation on married man’s live-in relationship contradicts its earlier order

The Allahabad High Court’s recent observation that a married man entering into a mutually consensual live-in relationship with another adult woman apart from his wife is not an offence as per law has come into contradiction with one of the High Court’s earlier judgements, wherein in it stated that such a live-in relationship could not be legally permitted without first seeking divorce from the earlier spouse.

According to Live Law, the earlier order denying legality to such a live-in relationship was made by a single-judge bench, while it declined to provide protection to a live-in couple.

Earlier order on live-in relationship

“If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in relationship with a third person without seeking divorce from the earlier spouse,” stated the single judge bench order issued on March 20.

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

“He/she first has to obtain the decree of divorce from the court of competent jurisdiction before solemnizing marriage or entering into living in a relationship out of their legal marriage,” he added.

What the latest observation said

The revelation comes days after a Bench of Justice JJ Munir and Justice Tarun Saxena stated that a married man involved in a live relationship with another woman cannot be termed as an offence as per law as long as the relationship was mutually consensual.

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During the course of the hearing, counsel appearing for the woman’s family submitted that since the man was already married, his act of living with another woman would amount to an offence under the law. The Bench, however, responded by observing that legal principles cannot be conflated with questions of social morality.

HC separates law from 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 quoted by the Bar and Bench.

Protection plea and police inaction

Elaborating on the facts placed before it, the Bench noted that the woman had already moved an application before the Superintendent of Police of Shahjahanpur, stating that she is a major and is residing with the man out of her own free will.

Also Read: SC overturns Allahabad HC’s controversial order in child assault case

It further recorded that her parents and other family members were opposed to the live-in relationship and had allegedly issued threats to her life, with both expressing apprehension of an honour killing.

Court directs protection for couple

Granting protection to the couple, the Court observed, "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.”