The Allahabad High Court has delivered a significant verdict on live-in relationships, stating that a married man living in a live-in relationship does not constitute a criminal offence.
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The Allahabad High Court has delivered a significant verdict on live-in relationships, stating that a married man living in a live-in relationship does not constitute a criminal offence.
The Court observed that social morality cannot override its duty to protect the rights of citizens.
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The matter was heard by a Division Bench comprising Justice JJ Munir and Justice Tarun Saxena here on Friday.
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A couple living in a live-in relationship had filed a petition seeking protection, stating that they were receiving threats from the woman’s family.
The Court restrained the woman’s family from causing any harm to the couple. They have also been prohibited from entering the couple’s residence or contacting them, either directly or indirectly. The Court further directed that the SSP of Shahjahanpur shall be personally responsible for ensuring the safety and security of the couple.
Counsel for the woman’s family argued that since the man was already married, living with another woman constituted a crime on his part.
However, the Court remarked that the law must be kept distinct from social morality.
“There is no offence under which a married individual living in a live-in relationship with another consenting adult can be prosecuted.”
The Court stated that if an act does not constitute a crime under the law, its duty to protect citizens’ rights cannot be dictated by social opinion or morality.
The Court noted that the woman had already submitted an application to the SSP, Shahjahanpur, stating that she is an adult and is living in a live-in relationship of her own free will.
The petitioner alleged that her parents and other family members are opposed to the relationship and have threatened to kill her. Both individuals expressed fear of an “honour killing.”
The Court pointed out that the SSP had failed to take action on the complaint. It emphasized that it is the duty of the police to ensure the safety of two consenting adults living together, and that the Superintendent of Police bears a special responsibility in this regard.
The Court noted that a joint affidavit by both petitioners had been annexed to the petition and concluded that a prima facie case had been established.
The High Court issued notice to the State Government, returnable on April 8, and granted protection to the couple in a kidnapping case registered on the complaint of the woman’s family.
The Court also stayed the arrest of the petitioners—Anamika and Netrapal—until further orders.
An FIR has been registered against the petitioners as Case Crime No. 4/2026 at Jaitipur Police Station in Shahjahanpur under Section 87 of the BNS, 2023.
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