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The Allahabad High Court ruled that a married man living with a consenting adult woman is not a criminal offence, stressing that courts must follow the law, not moral judgments, while granting protection to the couple.
The court emphasised that legal decisions must be guided by law, not social morality.
Lucknow: In a key observation, the Allahabad High Court has held that a married man living in a live-in relationship with an adult woman does not amount to a criminal offence. The court emphasised that legal decisions must be guided by law, not social morality.
The ruling came while hearing a petition filed by a couple seeking protection from alleged threats by the woman’s family.
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A division bench of Justices J.J. Munir and Tarun Saxena directed authorities to ensure the safety of the couple. The court specifically instructed the Superintendent of Police in Shahjahanpur to take responsibility for their protection.
The woman had stated that she is an adult and living with the man out of her own free will, but feared violence, including the possibility of an honour killing.
The dispute arose after the woman’s family lodged an FIR accusing the man who is already married of abducting her to force marriage. They also opposed the relationship on moral and social grounds.
However, the court made it clear that such objections cannot override the legal rights of consenting adults.
Rejecting the argument that the relationship itself was illegal, the bench observed that there is no provision in law that criminalises a married man living with another consenting adult woman.
It underlined that if no offence is made out under existing laws, courts cannot act based on societal opinions or moral considerations.
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Referring to the Supreme Court’s ruling in Shakti Vahini v. Union of India, the court reiterated that it is the duty of law enforcement to protect adults choosing to live together.
It also restrained the woman’s family from contacting or harming the couple and barred any interference in their personal lives.
The court has granted time to the state and the woman’s family to file responses, with the next hearing scheduled for April 8. Until then, the couple has been given protection from arrest in the case.
