Prayagraj: If a married man is in a live-in relationship, it is not an offence, the Allahabad High Court said on Friday.
A division bench of Justices J J Munir and Tarun Saxena, while hearing a petition seeking protection of a live-in couple facing threats from the woman’s family, said that social morality cannot override court’s duty to protect citizens’ rights.
“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,” Bar and Bench reported quoting the bench.
The high court made the point that the woman who is allegedly facing threats from her family has submitted an application to the SP of Shahjahanpur, stating that she is an adult and staying of her freewill with the married man.
Since her parents and other family members are against their relationship, they 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 said.
Allahabad HC’s earlier verdict on live-in couples
Last December, the Allahabad High Court directed police to provide protection to 12 live-in couples, who claimed they were facing threats from their families and had received inadequate security from the authorities.
Justice Vivek Kumar Singh, who heard all 12 petitions together, ruled that adults in a live-in relationship are entitled to protection of life and personal liberty from the state.
“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.
