Married Man In Consensual Live-In Relationship Cannot Be Punished, Says Allahabad High Court

In a significant observation, the Allahabad High Court has said that a married man cannot be prosecuted simply for being in a consensual live-in relationship with an adult woman.

The court made this remark while hearing a petition filed by a couple from Shahjahanpur who approached the court seeking protection from a police case and alleged threats from the woman's family. The ruling once again highlights that personal morality and social opinion cannot decide what is lawful.

Case Background: Family Complaint Leads to Legal Battle

The case was filed by Anamika and Netrapal after the woman's mother lodged a police complaint accusing the man of "enticing" her daughter and taking her away with the help of another individual. The complaint was registered under the Bharatiya Nyaya Sanhita.

Challenging the case, the couple told the High Court that both of them are adults and are living together by mutual consent. They argued that the relationship was voluntary and not forced, and therefore the police case was unjustified.

Court's Key Observation: Law Is Separate from Morality

During the hearing, the court made it clear that law and morality are separate concepts and must not be mixed. It observed that a consensual live-in relationship between two adults cannot automatically be treated as a criminal act. The judges said that even if such relationships may not be socially accepted in some sections, courts cannot act on moral judgments. Instead, decisions must be based strictly on the law. In this case, the court found no prima facie offence committed by the man, noting that the relationship appeared to be consensual.

Married Man Argument Rejected

The woman's family argued that since Netrapal is already married, living with another woman should amount to a criminal offence. However, the court did not agree with this argument. It clarified that under existing laws, a married man being in a live-in relationship with a consenting adult woman does not, by itself, constitute a punishable offence. The court stressed that criminal law cannot be used to interfere in personal choices made by adults who are acting of their own free will.

Court Grants Protection to the Couple

Taking note of the situation, the court issued strong directions to ensure the couple's safety. It directed the police not to arrest the petitioners and restrained the woman's family members from causing any harm to them. The court also prohibited the family from contacting the couple in any manner, whether directly, through electronic communication, or via a third party. In addition, the local Superintendent of Police was made personally responsible for ensuring the safety and security of the couple, reflecting the seriousness of the court's concern.

Fear of Honour Killing Raises Concern

The case took a serious turn when the couple expressed fear of honour-based violence, claiming that the woman's family had issued threats to their lives. The court took these concerns seriously and reminded the authorities of their duty to protect the couple. It referred to the landmark Shakti Vahini vs Union of India judgment, which laid down clear guidelines to prevent honour killings and protect couples facing such threats. The court also pulled up the police for not taking adequate action earlier.

Next Hearing Scheduled

The matter is still under consideration, and the court has scheduled the next hearing for April 8. Further directions may be issued depending on how the case progresses.
This case reinforces the legal recognition of live-in relationships in India and highlights the importance of individual freedom. It makes it clear that courts will not allow criminal law to be misused based on social or moral disapproval. At the same time, it strengthens the message that the safety of consenting adults must be protected, especially in cases where there is a risk of honour-based violence.