HC: Live-in between married man and consenting woman not a criminal offence
The woman and man were living together, but a complaint was lodged by the woman’s family on the grounds that the man was already married.
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PRAYAGRAJ: The Allahabad high court on Wednesday said that a married man in a live-in relationship with a consenting adult woman is not in breach of any law.
“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,” observed a bench comprising justice JJ Munir and justice Tarun Saxena
The court granted protection from arrest to both petitioners in the case. The woman and man were living together, but a complaint was lodged by the woman’s family on the grounds that the man was already married. The petitioners claimed the woman’s family was interfering with their lives.
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The other side’s lawyer argued that the man was already a married man, and claimed it was an offence for him to stay with another woman. The court in its order dated March 25 said: “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.”
{{/usCountry}}The other side’s lawyer argued that the man was already a married man, and claimed it was an offence for him to stay with another woman. The court in its order dated March 25 said: “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.”
{{/usCountry}}The court also restrained the woman’s family member from causing any harm to the petitioners and directed that they shall not enter the parties’ matrimonial home or contact them directly or through any electronic means of communication or through the agency of others.
{{/usCountry}}The court also restrained the woman’s family member from causing any harm to the petitioners and directed that they shall not enter the parties’ matrimonial home or contact them directly or through any electronic means of communication or through the agency of others.
{{/usCountry}}“The Superintendent of Police, Shahjahanpur shall be personally responsible to ensure the safety and security of the petitioners. To protect two adults living together is the duty of the police,” the bench said.
{{/usCountry}}“The Superintendent of Police, Shahjahanpur shall be personally responsible to ensure the safety and security of the petitioners. To protect two adults living together is the duty of the police,” the bench said.
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