No offence if a married man stays inconsensual relation with an adult: HC

Prayagraj: Observing that morality and law have to be kept separate, the Allahabad high court has granted protection to a couple saying 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.While hearing a petition of a live-in couple seeking protection allegedly due to threats from the woman's family, the bench of Justice JJ Munir and Justice Tarun Saxena said in its March 25 order that social opinions and moral views will not dictate the court's actions when protecting citizens' rights.The woman's family had lodged an FIR claiming that the man, who is the first petitioner in the case, is married had lured away the 18-year-old woman, who is second petitioner in the case through blandishment. The family further argued that because he is married, living with another woman constitutes a crime.The court, however, rejected this plea and observed, "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 first petitioner 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 note of this, the court 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 (reply).While granting immediate interim relief, the court directed that until further orders, the petitioners shall not be arrested in the criminal case registered under section 87 Bhartiya Nyaya Sanhita (BNS) at police station - Jaitipur in Shahjahanpur district. The section 87 BNS criminalizes kidnapping, abduction, or inducement of a woman to compel her into marriage or illicit sexual relations, with penalties of up to ten years imprisonment and fines.In order 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 court 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, should be personally responsible for ensuring the safety and security of the petitioners, the court added.