NEW DELHI: The Allahabad high court has observed that a married man’s live-in relationship with an adult woman is not an offence, emphasising that social morality cannot override the court’s duty to protect citizens’ rights. During the hearing, 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, rejected this contention, underlining that law must be kept distinct from social morality. “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 there is no offence under the law made out, social opinions and morality will not guide the action of the Court for protecting the rights of citizens,” the Bench said, as quoted by Bar and Bench.The observation came while the bench was hearing a criminal writ petition filed by a couple from Shahjahanpur in UP, who sought to quash a police case registered against them.
The court also noted that the woman had already approached the Superintendent of Police in Shahjahanpur, stating that she is an adult and is living with the man of her own free will in a live-in relationship. It further noted that her parents and other family members oppose the relationship and have allegedly issued death threats, with the couple expressing apprehension of an honour killing, according to Bar and Bench. “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. Particular obligations in this regard are cast upon the Superintendent of Police, as held by the Supreme Court in Shakti Vahini v. Union of India and others, (2018) 7 SCC 192. This petition is supported by joint affidavit of both the petitioners,” the Court said, as quoted by Bar and Bench.
