The Allahabad High Court on Friday observed that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence. The court emphasised that social morality cannot override legal principles when it comes to protecting individual rights.
A Division Bench of Justices JJ Munir and Tarun Saxena observed while hearing a plea filed by a live-in couple seeking protection from alleged threats issued by the woman’s family.
“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,” the Bench noted, adding, “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 report quoted the Bench as saying.”
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Threat allegations and police inaction
The woman, in her plea, stated that she is an adult and living with the man of her own free will. She also informed the court that her family members were opposed to the relationship and had allegedly issued death threats, raising concerns of honour- killing.
“Apparently, no action has been taken on this complaint by the Superintendent of Police. To protect two adults living together is the duty of the Police,” the court said.
It further observed, “Particular obligations in this regard are cast upon the Superintendent of Police, as held by the Supreme Court in Shakti Vahini v. Union of India and others, (2018) 7 SCC 192. This petition is supported by joint affidavit of both the petitioners.”
Earlier rulings on live-in relationships
In a similar order in December last year, the high court had directed police to protect 12 live-in couples facing threats from their families.
Hearing the petitions, Justice Vivek Kumar Singh had said, “Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or major, married or unmarried.”
He added, “Mere fact that the petitioners have not solemnised marriage would not deprive them of their fundamental right as envisaged in the Constitution of India, being citizens of India.”
