The Allahabad High Court has ruled that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence.
The Allahabad High Court has ruled that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence. The court made it clear that societal perceptions and moral judgments cannot take precedence over the legal rights of consenting adults.
The matter came up during a hearing where the woman’s family argued that the man’s marital status made the relationship unlawful. However, the court firmly dismissed this claim.
"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 Bar and Bench.
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The observation came while the court was hearing a criminal writ petition filed by a couple from Uttar Pradesh’s Shahjahanpur, who sought to quash a police case lodged against them.
The bench noted that the woman had already approached the Superintendent of Police in Shahjahanpur, asserting that she is an adult and is living with the man out of her own free will. Despite this, the couple alleged that her family members opposed the relationship and had issued death threats, raising fears of a possible honour killing.
Taking serious note of the situation, the court pointed out the inaction of the police authorities in addressing the complaint.
"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," the Court said, as quoted by Bar and Bench.
