High Court Rules Living Together Not a Crime for Married Men
Court's Stance on Living Relationships
The Allahabad High Court has declared that it is not a crime for a married man to live in a relationship with an adult woman. This statement came during the hearing of a petition filed by a couple, where the male partner is already married. The couple expressed concerns about receiving threats from the woman's family, fearing for their lives due to potential honor killing, prompting them to seek protection from the court.
Background of the Case
According to reports, the incident originated in Shahjahanpur, where the woman's mother filed a police complaint on January 8, 2026. She accused a man named Netrapal of luring her daughter away, allegedly with the assistance of another individual named Dharmapal. The police registered a case against both under Section 87 of the IPC, which the couple sought to quash in the High Court.
Couple's Assertion of Consent
The couple informed the court that they are both adults and are living together by choice. The court noted that the woman had previously submitted an application to the SSP of Shahjahanpur, stating her voluntary decision to cohabit. She also mentioned that her parents and relatives were opposed to their relationship and had threatened her life, raising concerns about honor killing. The High Court expressed dissatisfaction with the lack of police action in response to these threats.
Separation of Morality and Law
The Allahabad High Court emphasized that when a married man lives with an adult woman with her consent, it is not a crime. The court stated that morality and law must be viewed separately. It asserted, 'If there is no crime under the law, societal opinions and moral standards cannot guide the court.' There is no offense for a married man living with an adult woman consensually, and the court must protect citizens' rights without being influenced by societal norms.
Police Duty to Protect Couples
The young woman reported that her family was threatening her life, and the police had not taken any action. The court remarked that it is the police's primary duty to protect two adults living together. The responsibility for ensuring their safety lies significantly with the Superintendent of Police.
Legal Framework in India
The Supreme Court has previously ruled that cohabitation between two adults is part of their fundamental rights under Article 21. In the landmark 2018 case of Joseph Shine vs. Union of India, the Supreme Court abolished the 158-year-old Section 497 of the IPC concerning adultery, stating it is now merely a civil ground for divorce or judicial separation, not a criminal offense.
Previous High Court Rulings on Cohabitation
Last year, a bench led by Justice Vivek Kumar Singh stated that when an adult chooses a partner, no other individual, even a family member, has the right to object or interfere with their peaceful existence. It is the state's duty to protect every citizen's life and freedom.