Allahabad High Court: Live-in Relationship Between Consenting Adults Not a Crime Even if Man is Married; Grants Protection to Couple
By Rajesh Pandey
The Allahabad High Court has observed that a married man living in a live-in relationship with an adult woman, with her free consent, does not constitute an offence under the law, and such a person cannot be prosecuted merely on moral grounds.
The observation was made by a division bench comprising Justice J.J. Munir and Justice Tarun Saxena while hearing a petition filed by a couple seeking protection from arrest and alleged harassment.
Emphasising the distinction between legal provisions and societal perceptions, the court stated that morality and law must remain separate domains.
The bench remarked that where no offence is made out under existing law, social opinion or moral considerations cannot be used as a basis to curtail the rights and liberties of citizens.
The petitioners, identified as Anamika and Netrapal, had approached the High Court seeking protection from arrest. According to the plea, the woman is living with the man of her own free will.
However, an FIR had been lodged against Netrapal by the woman’s family members at Jaitipur Police Station in Shahjahanpur district, following which there was apprehension that he might be arrested.
The petitioners also submitted before the court that the woman’s family members were interfering in their personal life and peaceful cohabitation.
During the hearing, counsel representing the informant argued that since the man was already married, his live-in relationship with another woman should be treated as an offence.
However, the High Court rejected this contention, observing in its order dated March 25 that there exists no provision in law that makes it an offence for a married man to live with another consenting adult woman in a live-in relationship.
Granting interim relief, the court ordered that the couple should not be arrested in connection with the FIR until further orders. The bench also directed that no coercive action be taken against the petitioners during this period.
Further, the High Court restrained the woman’s family members from causing any harm, harassment, or interference in the lives of the petitioners.
The court directed that the family shall neither enter the residence of the couple nor attempt to contact them directly, electronically, or through any third party.
In a significant direction aimed at ensuring their safety, the court stated that the Superintendent of Police, Shahjahanpur, shall be personally responsible for ensuring the protection and security of the petitioners.
The bench further emphasised that it is the duty of the police to protect two consenting adults who choose to live together.
The court has directed the State Government and the informant to file their counter-affidavits before the next date of hearing, which has been scheduled for April 8.
The order reiterates the legal position that consenting adults have the fundamental right to choose their partners and cohabit without unlawful interference, even if such arrangements may not conform to prevailing social norms.
