Allahabad High Court says married man’s live-in relationship not punishable

In a significant observation, the Allahabad High Court has ruled that a married man living in a consensual live-in relationship with an adult woman cannot be prosecuted under criminal law. The court emphasised that morality and legality are separate domains, and judicial decisions must be guided strictly by law, not social perceptions.

The ruling came while hearing a petition filed by a couple seeking protection from arrest and threats issued by the woman’s family. The court noted that both individuals are adults and the relationship appeared to be consensual, with no prima facie offence made out. It subsequently directed the police not to take coercive action against them.

Highlighting concerns over the couple’s safety, the court also ordered police protection and restrained the woman’s family from contacting or harassing them. It further held local police authorities accountable for ensuring the couple’s security, especially in light of alleged threats of violence, including fears of honour killing.

The case originated from a complaint filed by the woman’s mother, accusing the man of taking her daughter away. However, the court observed that the woman had already stated she was an adult and living with the man of her own free will. It rejected arguments that the man’s marital status alone constituted a criminal offence.

Reinforcing its stance, the court stated that even if such relationships may conflict with societal norms, they do not attract criminal liability in the absence of a specific legal provision. The matter is scheduled for further hearing, while the court reiterated the duty of law enforcement to safeguard the fundamental rights and personal liberty of consenting adults.