Live-in with married man not an offence: Allahabad HC


Daijiworld Media Network - Prayagraj

Prayagraj, Mar 27: The Allahabad High Court has observed that a married man entering into a live-in relationship with an adult woman by mutual consent does not constitute an offence under the law, stressing that social morality cannot override the protection of individual rights.

Hearing a plea by a couple seeking protection from alleged threats by the woman’s family, the court stated that no legal offence is made out in such a relationship. The bench underlined that morality and law must be kept separate, and courts cannot be guided by social opinions when safeguarding citizens’ rights.

The division bench of Justice J J Munir and Justice Tarun Saxena noted that the woman had informed authorities she was living with the man of her own free will, but alleged police inaction despite threats of honour killing.

Observing that it is the duty of the police to protect consenting adults living together, the court expressed concern over the lack of response from the Superintendent of Police and said such responsibility has also been emphasised in earlier rulings of the Supreme Court of India.

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

Granting interim relief, the bench ordered that the petitioners shall not be arrested in connection with a kidnapping case registered against them. Additionally, the woman’s family has been restrained from causing harm, entering their residence, or contacting them in any manner.

  

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Title: Live-in with married man not an offence: Allahabad HC



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