Allahabad High Court Rules Married Man’s Live-in Relationship 'Not an Offence'

The Allahabad High Court has observed that a married man’s live-in relationship is not an offence and that social morality cannot override courts’ duty to protect citizens’ rights, reported Bar and Bench.

A Division Bench of Justice JJ Munir and Justice Tarun Saxena was hearing a plea seeking protection of a live-in couple facing threats from the woman’s family.

The court directed the police not to arrest the petitioner couple and also restrained all members of the female petitioner’s family from causing any harm to the couple.

The counsel for the woman’s family argued that since the man is already married, it is an offence for him to stay with another woman.

The court, however, remarked that law has to be kept separate from social morality.

Can a Married Man in a Live-in Relationship Be Prosecuted?

"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,” the Bench said.

The court also said family members could not enter the couple’s matrimonial home nor attempt to contact them directly, via electronic communication, or through a third party.

The local police chief was held personally responsible for the petitioners’ safety and security.

The court noted that the woman has already submitted an application to the Superintendent of Police of Shahjahanpur, stating that she is an adult and staying of her freewill with the man in a live-in relationship.

It added that her parents and other family members are averse to their union and have threatened her with death, and both fear honour killing.

The matter has been scheduled for hearing next on April 8.