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Allahabad High Court Affirms Legality of Live-In Relationships for Married Men

The Allahabad High Court has ruled that a married man living in a consensual relationship with an adult woman is not a crime, emphasizing the importance of individual rights over societal morals. The court highlighted the police's duty to protect such couples, especially when facing threats. This ruling comes amid a case where a couple sought protection from familial threats. The court has mandated immediate safety measures and scheduled further hearings, marking a significant legal stance on live-in relationships in India.
 

Court Ruling on Live-In Relationships

The Allahabad High Court has stated that a married man living in a live-in relationship with a woman is not a criminal act under the law. The court emphasized that societal morals cannot supersede the judiciary's duty to protect individual rights. This ruling came during a hearing regarding a petition filed by a couple in a live-in relationship who were facing threats from the woman's family, seeking protection.


The bench clarified that when a married man consensually resides with an adult woman, it does not constitute a crime. They asserted that there is no offense for which a married man living with an adult woman, with her consent, can be prosecuted. The court highlighted the necessity of separating morality from law, stating that if no crime exists under the law, then societal opinions and morals should not interfere with the judiciary's actions aimed at safeguarding citizens' rights.


Police Duty to Protect

The court noted that the woman had informed the Superintendent of Police that she was living with the man of her own free will, yet she alleged that no action was taken by the police despite receiving threats of honor killing from her family. The judges stressed that it is the police's responsibility to protect two consenting adults. Justices J.J. Munir and Tarun Saxena pointed out that the Superintendent of Police had failed to act on this complaint, reiterating that protecting the couple is a police duty, as previously stated by the Supreme Court.


Court Directives and Protection Measures

The court issued a notice to the Uttar Pradesh government, scheduling a hearing for April 8, and instructed immediate protection for the couple. The Superintendent of Police in Shahjahanpur was held personally accountable for ensuring their safety.


In a related criminal case, the court granted interim relief, ordering that the petitioners, Anamika and Netrapal, would not be arrested in the kidnapping case filed in Shahjahanpur. Furthermore, the woman's family was prohibited from causing any harm to the couple, entering their residence, or contacting them directly or indirectly.