The Allahabad High Court has made a significant observation that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence. The court also directed authorities to ensure protection for a couple in Uttar Pradesh’s Shahjahanpur who alleged threats from the woman’s family.
“Law and Social Morality Are Distinct”
The observation came while the court was hearing a criminal writ petition filed by the couple, seeking quashing of a police case and protection from alleged threats, including the fear of honour killing. The petitioners argued that both are adults and are living together out of their own free will.
A Division Bench of the court clearly stated that there is no offence in a situation where a married man lives with an adult woman in a consensual relationship. The court emphasized that law and social morality must be kept separate. If no offence is made out under the law, social perceptions or moral views cannot guide judicial action.
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Abduction FIR Contested by Couple
The case originates from an FIR lodged by the woman’s mother at Jaitipur police station in Shahjahanpur. The complaint alleged that the man, who is already married, had abducted her 18-year-old daughter to compel her into marriage.
However, in their petition before the court, the couple maintained that their relationship is consensual and that they are living together voluntarily. The woman also informed the court that she had earlier approached the Superintendent of Police, citing threats from her family, but no effective action was taken.
Court directs police to ensure protection
The court observed that it is the duty of the police to protect two consenting adults living together. It specifically directed the Superintendent of Police, Shahjahanpur, to ensure the safety and security of the couple and held the officer personally responsible for their protection.
Additionally, the court restrained the woman’s family members from causing any harm to the couple or contacting them directly or indirectly through any means. It also ordered that the petitioners shall not be arrested until further directions.
In its order, the court referred to the judgment in Shakti Vahini vs Union of India, which laid down guidelines to prevent honour killings and protect the rights of consenting adults. The court underlined that administrative responsibility increases in such cases involving threats to personal liberty.
Next hearing on April 8
The matter has been listed for further hearing on April 8. The court has granted time to the state authorities and the woman’s family to file their responses.
Overall, the ruling is seen as a significant affirmation of personal liberty and the legal protection of consensual relationships between adults. It reinforces the principle that courts must safeguard fundamental rights without being influenced by societal morality.
About the author – Rehan Khan is a law student and legal journalist with a keen interest in cybercrime, digital fraud, and emerging technology laws. He writes on the intersection of law, cybersecurity, and online safety, focusing on developments that impact individuals and institutions in India.
