Married man in live-in relationship not crime… morality and law separate: Allahabad HC
The woman’s family, who are opposed to their relationship, had lodged a case against the man, accusing him of kidnapping her to compel her into marriage.
Observing that “morality and law have to be kept apart”, the Allahabad High Court has said that “a married man, staying with an adult in a live-in relationship, by consent of the other person” is not a crime.
The court made this observation while hearing a live-in couple’s writ petition seeking protection and ordered the Superintendent of Police (SP) concerned to ensure their security.
The woman’s mother, in an FIR lodged on January 8 at the Jaitipur police station in UP’s Shahjahanpur, alleged that the 30-year-old man, who is already married, had abducted her 18-year-old daughter to lure her into marriage. The counsel for the family also submitted that it was an offence for the married man to stay with another woman in a live-in relationship.
On this, the division bench of Justices J J Munir and Tarun Saxena observed, “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. If… no offence under the law [is] made out, social opinions and morality will not guide the action of the court for protecting the rights of citizens.”
In its order dated March 25, the division bench directed the woman’s family members to “stand restrained from causing harm to the couple in life or limb”. It ordered that the woman’s family “shall not enter their matrimonial home or contact them directly or through any electronic means of communication or through…others”.
In the order, the bench also directed that the Shahjahanpur SP “shall be personally responsible to ensure the safety and security of the petitioners”. The order stated: “Until further orders of this court, the petitioners… shall not be arrested in the case…”
The court listed the next hearing on the petition for April 8, granting two weeks to the state government counsel and the advocate, who appeared for the woman’s family, to file counter affidavits.
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An officer at the Jaitipur station told this newspaper that the man’s wife and four children are now with her parents. The only other member of his family is an 80-year-old father who stays with him, the officer said.
In the couple’s petition, the woman in the live-in relationship said that her parents and other family members had threatened her with death, and she and her partner fear “honour killing”.
The court observed that an application was also submitted by the woman to the Shahjahanpur SP, stating that she is an adult and is staying with the man of her own free will. Apparently, no action has been taken on this by the SP, the court observed.
In its order, the court stated: “To protect two adults living together is the duty of the police. Particular obligations in this regard are cast upon the Superintendent of Police, as held by the Supreme Court in Shakti Vahini v. Union of India and others… This petition is supported by a joint affidavit of both petitioners.”
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When contacted, Shahanshah Akhtar Khan, the counsel for the woman in the live-in relationship, said that in his submission before the court, he had argued that as per law, only the man’s wife can lawfully object to him living with another woman and no one else, including the wife’s family or the family of another woman.
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape.
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