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Married man staying in live-in relationship not a crime: Allahabad high court
The Allahabad HC was hearing a plea seeking protection of a live-in couple facing threats from the woman's family.
A married man's live-in relationship is not an offence, observed the Allahabad high court on Friday, saying that social morality cannot override court's duty to protect citizens' rights
A Division Bench of Justice JJ Munir and Justice Tarun Saxena was hearing a plea seeking protection of a live-in couple facing threats from the woman's family, according to a Bar and Bench report.
"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 report quoted the Bench as saying.
The high court said that the woman who allegedly faces threats from the family has already submitted an application to the Superintendent of Police of Uttar Pradesh's Shahjahanpur, stating that she is an adult and staying of her freewill with the man in a live-in relationship.
It added that her parents and other family members are against their relationship have issued death threats, triggering fears of honour killing.
"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 was quoted as saying.
Allahabad HC's earlier order on live-in couples
In an order in December last year, the Allahabad high court had directed police to provide protection to 12 live-in couples who said they were facing threats from their families and had received inadequate security from the authorities.
Justice Vivek Kumar Singh heard all 12 petitions together and ruled that adults in a live-in relationship are entitled to protection of life and personal liberty from the state. The court also issued detailed directions on the procedure to be followed by the police if such couples face threats in future.
“Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or major, married or unmarried. Mere fact that the petitioners have not solemnized marriage, would not deprive them of their fundamental right as envisaged in the Constitution of India being citizens of India,” the court observed, according to an earlier HT report.
