The Allahabad High Court on Friday ruled that a married man living with an adult woman in a consensual live-in relationship does not constitute a criminal offence, emphasising that legal rights cannot be subordinated to societal notions of morality. The decision came while adjudicating a writ petition seeking protective relief for a couple allegedly facing threats from the woman’s family.
A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena observed that the law must remain distinct from social morality. The bench noted that, in the absence of any statutory offence, societal or moral objections cannot influence the Court while safeguarding the rights of citizens. The couple in question, identified as Anamika and Netrapal, had approached the police after facing threats from the woman’s family, including the risk of honour killing.
The court directed the Superintendent of Police, Shahjahanpur, to ensure the couple’s safety, citing obligations laid down in the Supreme Court’s judgment in Shakti Vahini v. Union of India (2018). Interim protection was granted to the couple in connection with a kidnapping case registered based on a complaint filed by the woman’s family. Pending further orders, Anamika and Netrapal are not to be subjected to arrest under Case Crime No. 4 of 2026 registered at Police Station Jaitipur, District Shahjahanpur.
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The bench also restrained the woman’s family from causing any harm, entering the couple’s residence, or contacting them directly or indirectly. The court emphasised that the Superintendent of Police shall be personally accountable for ensuring their protection. Advocate Shahenshah Akhtar Khan appeared for the petitioners, while Additional Government Advocate Ghan Shyam Kumar represented the State, and Advocate Ajay Kumar Mishra appeared for a private respondent.
This ruling underscores the judiciary’s commitment to uphold individual autonomy and legal protections for adults in consensual relationships, even in the face of social and familial opposition. Legal experts note that the decision reinforces the principle that consensual adult relationships, regardless of marital status, cannot be criminalised in India.
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