Allahabad HC: Live-in relationship with adult woman not a crime

The Allahabad High Court ruled that a married man living with an adult woman in a consensual live-in relationship does not commit a criminal offence. The court granted interim protection from arrest and emphasised separating morality from law

Prayagraj: The Allahabad High Court has said that a married man living in a consensual live-in relationship with an adult woman does not amount to a criminal offence under law.

A division bench of Justice J J Munir and Justice Tarun Saxena made the observation while granting interim protection from arrest to two petitioners in the case.

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Staying their arrest, the court said, “There is no offence where a married man is staying with an adult woman in a live-in relationship with her consent. Morality and law have to be kept separate. If there is no offence under the law, social opinions and morality will not guide the court.”

The matter came before the court after an FIR was lodged by the woman’s mother alleging that her 18-year-old daughter had been taken away by the man.

However, according to the petition, the woman had submitted a representation to the Shahjahanpur Superintendent of Police (SP) stating that she is an adult and is living with the man of her own free will in a live-in relationship.

She also alleged that her family members were opposed to the relationship and had threatened her with death, raising fears of an honour killing. No action was reportedly taken on her complaint.

After hearing both sides, the court granted two weeks for filing a counter affidavit and listed the matter for April 8.

The bench ordered that no coercive action be taken against the petitioners till further orders.