Allahabad HC: Married man in live-in with adult woman commits no crime
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The Allahabad High Court has ruled that a married man living with an adult woman in a consensual relationship isn't criminal, stressing that law must override morality and social views.
In a March 25 order, a division bench of Justices JJ Munir and Tarun Saxena protected a live-in couple from the woman's family, who accused the man of kidnapping their 18-year-old daughter to force marriage. The bench directed Shahjahanpur's Superintendent of Police (SP) to ensure their safety and restrained the family from harming the couple, entering their home, or contacting them.
The court dismissed arguments that the man's marital status made it an offense: "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."
The woman, in her petition and an application to the SP, affirmed she is an adult living with the man willingly and feared honor killing from her family. The bench noted police inaction on her plea, citing Supreme Court precedent in Shakti Vahini v. Union of India that obliges protection for consenting adults.
Petitioners' counsel Shahanshah Akhtar Khan told The Indian Express the man is married with children in his village; only his wife, he argued, can object—not her family or the woman's kin.
The court barred arrests until further orders, listed the next hearing for April 8, and mandated communication of the order to Shahjahanpur SP and Jaitipur SHO within 24 hours.