Married but in love: Allahabad court overrides family morality to protect live-in couple

Allahabad: The Allahabad High Court has ruled that a married man entering into a live-in relationship with a woman does not constitute a criminal offence, stressing that social morality cannot override the law’s protection of individual rights.

The bench, hearing a plea for protection for a couple facing threats from the woman’s family, observed that no offence is committed when a married man cohabits with an adult woman by mutual consent.

"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. Morality and law have to be kept apart," the judges stated. "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 court noted that the woman had informed the Superintendent of Police that she was living with the man of her own free will but alleged police inaction despite threats of honour killing from her family. The judges stressed that it is the duty of the police "to protect two adults living together".

"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 division bench of Justice JJ Munir and Justice Tarun Saxena said, highlighting obligations previously established by the Supreme Court of India.

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The court issued a notice to the Uttar Pradesh government, listing the matter for 8 April, and directed that immediate protection be provided to the couple. It also held the Superintendent of Police, Shahjahanpur, personally responsible for ensuring their safety.

Interim relief was granted in a related criminal case, with the court ordering that the petitioners, Anamika and Netrapal, shall not be arrested in connection with a kidnapping case registered in Shahjahanpur.

Additionally, the woman’s family has been restrained from causing harm to the couple, entering their residence, or contacting them either directly or indirectly.