Allahabad High Court: Live-in relationship with married man not a criminal offence
Live-in relationships: The Allahabad High Court on Friday stated that a consensual live-in relationship with a married man does not constitute a criminal offence. The HC stressed that courts must safeguard individual rights without being influenced by societal notions of morality.
A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena made the observation while hearing a petition filed by a couple seeking protection from alleged threats issued by the woman’s family.
The Allahabad High Court noted that both individuals are adults, They have chosen to live together of their own free will. The court clarified that in the absence of any legal violation, such a relationship could not be prosecuted merely on moral grounds. “Law and morality operate in different domains. Where no offence is made out, social perceptions cannot dictate judicial action,” the Bench observed.
During the hearing, the court’s was told that the woman had already approached the Superintendent of Police in Shahjahanpur, Uttar Pradesh, stating that she was living voluntarily with her partner. She alleged that her family members were opposing the relationship and had issued threats.
The Allahabad High Court expressed concern over the apparent inaction by the local police despite the complaint. It reiterated that protecting the lives and liberties of consenting adults is a fundamental duty of the state.
Referring to the Supreme Court’s ruling in Shakti Vahini v. Union of India (2018), the Bench emphasised that law enforcement agencies, particularly district police heads, are obligated to prevent threats and potential violence, including honour-based crimes.
In a previous order delivered in December, the court had directed authorities to provide security to multiple live-in couples facing familial opposition. It had then affirmed that the right to life and personal liberty applies equally to all adults, regardless of marital status.
- With inputs from agencies
