English
English
English
Allahabad High Court’s recent observation that a married man in a consensual live-in relationship is not committing an offence contrasts with its earlier rulings, sparking debate over law and morality.
The court underlined that legal principles must prevail over social morality
Lucknow: Allahabad High Court's recent observation that a married man living in a consensual live-in relationship with an adult is not committing an offence is reportedly a contradiction of one of its own previous observations.
The Allahabad High Court made the latest remark while hearing a plea from a live-in couple seeking protection from alleged threats by the woman’s family.
Married man living with another woman not a crime: Allahabad High Court
A division bench of Justice JJ Munir and Justice Tarun Saxena noted that no criminal offence is made out merely because a married man is in a consensual relationship with another adult.
The court underlined that legal principles must prevail over social morality, adding that courts cannot deny protection to individuals if their actions do not violate any existing law.
The case involved two adults who claimed they were facing threats due to their relationship. The bench observed that both individuals, being adults, have the right to choose their partners and seek protection under the law.
It reiterated that safeguarding personal liberty remains a key responsibility of the judiciary in such cases.
However, this stance appears to differ from a recent order by the same court earlier in March, where a single-judge bench had denied protection to a similar couple.
In that ruling, the court had stated that a married person cannot enter into a live-in relationship with a third party without first obtaining a legal divorce from their spouse.
Allahabad HC Allows Trial in 1984 Anti-Sikh Riot Cases to Continue
The earlier judgment had stressed that personal liberty is not absolute and cannot override the statutory rights of a spouse. It observed that a spouse is entitled to companionship, and such rights cannot be infringed upon by another relationship.
The differing observations highlight an evolving legal debate over the status of live-in relationships involving married individuals.
Legal experts believe that the issue may require further judicial clarity to reconcile the balance between individual liberty and marital rights under the law.
