Court says consensual live-in relationship between adults cannot be treated as a criminal offence
The Allahabad High Court has ruled that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence, emphasising that courts must distinguish between social morality and the law.
A Division Bench of Justice JJ Munir and Justice Tarun Saxena made the observation while hearing a petition filed by a live-in couple seeking police protection after allegedly receiving threats from the woman’s family.
According to reports, the couple approached the court claiming that the woman’s relatives were opposed to the relationship and had issued death threats, raising concerns about a possible honour killing.
Morality cannot override the law
The court said that while social opinions may view such relationships differently, legal action cannot be taken unless a specific offence under the law is established.
“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,” the Bench observed.
The court added that if no offence is made out under existing laws, societal perceptions or moral objections cannot guide judicial decisions.
Woman approached police for protection
During the hearing, the court noted that the woman had already submitted a complaint to the Superintendent of Police in Shahjahanpur district of Uttar Pradesh, stating that she was an adult and was living with the man of her own free will.
She also alleged that her parents and relatives had issued serious threats to her life, but no action had yet been taken by the police authorities.
Duty of police to protect adults
The High Court observed that protecting two consenting adults living together is the duty of the police.
It referred to the Supreme Court’s ruling in the Shakti Vahini v. Union of India (2018) case, which laid down guidelines for preventing honour killings and protecting couples facing threats from family members.
“Apparently, no action has been taken on this complaint by the Superintendent of Police. To protect two adults living together is the duty of the Police,” the Bench noted.
Earlier court orders on live-in relationships
The Allahabad High Court has previously issued directions to ensure the safety of couples in live-in relationships.
In December last year, the court directed the police to provide protection to 12 live-in couples who had approached the court claiming they were facing threats from their families.
Justice Vivek Kumar Singh, who heard the petitions, ruled that adults in a live-in relationship are entitled to protection of life and personal liberty under the Constitution.
The court stressed that the right to life must be protected regardless of marital status.
“Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or major, married or unmarried,” the court had observed.
It further noted that the absence of a formal marriage does not deprive individuals of their fundamental rights as citizens of India.
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