Married man in live-in relationship with adult woman not a crime: Allahabad high court

PRAYAGRAJ: Observing that no offence is made out if a married man stays in a live-in relationship with an adult woman with her consent, the Allahabad high court directed authorities to provide protection to the couple.

Emphasising that morality and law must remain separate, the court stated that social opinions and moral views will not dictate its actions when protecting citizens' rights.

The observation was made by Justice JJ Munir and Justice Tarun Saxena in an order dated March 25 while hearing a petition seeking protection for a live-in couple allegedly facing threats from the woman’s family.

According to the facts of the case, the woman’s family had lodged an FIR alleging that the man, the first petitioner, is married and had lured away the 18-year-old woman, the second petitioner, through inducement. The family further argued that since he is married, living with another woman constitutes a crime.

However, the court 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 with the consent of the other person, can be prosecuted for any offence whatsoever. Morality and law have to be kept apart. If no offence under the law is made out, social opinions and morality will not guide the action of the court in 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 of her own free will. It was also submitted that her parents and family members are opposed to the relationship and have threatened her with death, leading both petitioners to fear an honour killing. However, no action was taken on the complaint by the district police chief.

Taking serious note of this, the court reminded the state authorities that it is the fundamental duty of the police to protect two consenting adults living together. Finding that a prima facie case was made out, the court admitted the petition and issued notices to the respondents, granting the state counsel two weeks to file a counter-affidavit.

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 of the Bharatiya Nyaya Sanhita (BNS) at Jaitipur police station in Shahjahanpur district. Section 87 BNS criminalises kidnapping, abduction, or inducement of a woman to compel her into marriage or illicit sexual relations, punishable with up to ten years’ imprisonment and a fine.

To ensure their protection, the court also restrained the informant and all members of the woman’s family from causing any harm to the petitioners. It further directed that they shall not enter the petitioners’ residence or contact them directly, electronically, or through any third party.

The superintendent of police, Shahjahanpur, shall be personally responsible for ensuring the safety and security of the petitioners, the court added.