Allahabad High Court’s comment – ‘It is not a crime for a married man to be in a live-in relationship with an adult woman’

Prayagraj, 27 March. The Allahabad High Court has made an important comment in a case of ongoing dispute between husband and wife, saying that it is not a crime for a married man to be in a live-in relationship with an adult woman.

What the High Court said was that social morality cannot be above the court’s duty to protect the rights of citizens. During the hearing, the woman’s family lawyer argued that since the man was already married, it was a crime for him to live with another woman.

However, the Court rejected this argument and underlined that law should be kept separate from social morality. The court said, ‘There is no offense under which a married man, who is living in a live-in relationship with an adult woman with her consent, can be prosecuted in any way.’

The bench said, ‘Morality and law have to be kept separate. If no offense is made out under the law, social opinion and morality will not dictate the court’s proceedings to protect the rights of citizens.’

The remarks came when the bench was hearing a criminal writ petition filed by a couple from Shahjahanpur, Uttar Pradesh, seeking quashing of the police case registered against them. The court also noted that the woman had already approached the Shahjahanpur Superintendent of Police, stating that she was an adult and was living in a live-in relationship with the man of her own free will.

According to the website ‘Bar & Bench’, the court further said that her parents and other family members were opposing the relationship and had allegedly even issued death threats. The couple has also expressed apprehension of ‘honour killing’ (murder in the name of honour).

The High Court said, ‘Apparently, no action has been taken so far on this complaint by the Superintendent of Police. It is the duty of the police to protect two adults living together. The Superintendent of Police has special responsibilities in this regard, as stated by the Supreme Court in its judgment in the case ‘Shakti Vahini vs. Union of India and Others, (2018) 7 SCC 192’. A joint affidavit of both the petitioners has also been attached with this petition.