Allahabad High Court has given an important decision regarding live-in relationship. The High Court has said that it is not a crime for a married man to be in a live-in relationship. The Court said that social morality cannot be above the Court’s duty to protect the rights of citizens.
It is important to note that a petition seeking protection was filed by a married couple living in a live-in relationship. It was said in the petition that the couple was receiving threats from the woman’s family. The woman’s family lawyer argued that since the man was already married, living with another woman was a crime on his part. However, the Court said that law should be kept separate from social morality.
According to the High Court, “There is no offense under which a married person living in a live-in relationship with another adult by mutual consent can be prosecuted for any offence.” The Court stressed that morality and law should be kept separate. The Court further said that if an act is not a crime under the law, then the Court’s action to protect the rights of citizens will not be dictated by social opinion or morality.
The High Court observed that the woman had already submitted an application to the Senior Superintendent of Police (SSP), Shahjahanpur, stating that she was an adult and living in a live-in relationship with the man of her own free will. The court also found that her parents and other family members were against their relationship; They have threatened to kill him, and both men fear “honor killings.”
The court told that the SSP has failed to take any action on this complaint. The court stressed that it is the duty of the police to ensure the safety of two adults living together. In this regard, a special responsibility rests on the Superintendent of Police, as earlier held by the Supreme Court in *Shakti Vahini vs. Union of India and Others*, (2018) 7 SCC 192.
Allahabad High Court observed that a joint affidavit of both the petitioners has also been attached with the petition. As a result, the Court came to the conclusion that a *prima facie* case was made out. The High Court issued a notice to the state government, whose reply has to be given by April 8. The court also granted protection to the couple in connection with a kidnapping case; The case was registered on the basis of a complaint lodged by the woman’s family. At present, the High Court has stayed the arrest of the petitioners—Anamika and Netrapal—until further orders. An FIR as Case Crime No. 4/2026 is registered against the petitioners at Jaitipur Police Station, Shahjahanpur. A case has been registered against him under Section 87 of BNS, 2023.
The court has restrained the woman’s family from causing any harm to the couple. He has also been banned from entering the couple’s house or contacting them directly or indirectly. Further, the Court directed that the SSP Shahjahanpur will be personally responsible for the safety and security of the couple.
It is relevant to note that the petitioners in this case were represented by Advocate Shahanshah Akhtar Khan. Additional government advocate Ghanshyam Kumar appeared on behalf of the state, while advocate Ajay Kumar Mishra appeared on behalf of a private respondent. The case was heard by Justice J.J. The division bench of Justice Munir and Justice Tarun Saxena did.
