The Allahabad High Court has observed that a married man being in a live-in relationship with an adult woman is not a criminal offence, stressing that social morality cannot override legal rights.
The court made the observation while hearing a plea filed by a live-in couple seeking protection from threats allegedly issued by the woman’s family.
A bench of Justice JJ Munir and Justice Tarun Saxena said, “There is no offence where a married man, staying with an adult in a live-in relationship with her consent, can be prosecuted. Morality and law have to be kept apart.”
The bench added that if no offence is made out under the law, courts cannot be guided by social opinions while protecting citizens’ rights.
Couple Sought Protection Over Threats
The case involved a woman who told authorities that she is an adult and living with the man out of her own free will. She had also approached the Superintendent of Police in Shahjahanpur, stating that her family was opposing the relationship and had threatened her with death.
The couple told the court they feared honour killing. The court noted that no action had been taken on the woman’s complaint.
“Protecting two adults living together is the duty of the police,” the court said, referring to the Supreme Court’s ruling in Shakti Vahini v. Union of India, which laid down guidelines to prevent honour-based violence.
Court Grants Protection, Restrains Family
Taking note of the situation, the High Court directed the police to ensure the safety of the couple and made the Superintendent of Police personally responsible for their protection.
The court also restrained the woman’s family from harming the couple or interfering in their lives. It ordered that they should not enter the couple’s residence or contact them directly or indirectly.
No Arrest in Kidnapping Case for Now
The woman’s family had filed a case accusing the man of kidnapping her to force marriage. However, the High Court granted interim relief, directing that the couple should not be arrested in the case until further orders.
The matter will be heard next on April 8, and the State has been asked to respond.
Key Observation by Court
Reinforcing its stance, the court said that individual liberty must be protected. “If there is no offence under the law, social morality cannot dictate the court’s decision,” the bench observed.
