The Allahabad High Court recently observed that a married man's live-in relationship is not an offence and that social morality cannot override Courts' duty to protect citizens' rights [Anamika and another v State of UP and Others]
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.
The counsel for the woman's family argued that since the man is already married, it is an offence for him to stay with another woman. However, the Court remarked that law has to be kept separate from social morality.
"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 Bench said.
The Court noted that the woman has already submitted an application to the Superintendent of Police of 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 averse to their union and have threatened her with death, and both fear 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.
It concluded that a prima facie was made out and issued notice to the State for April 8. The Court also granted protection to the couple in a kidnapping case registered on a complaint filed by the woman's family.
"Until further orders of this Court, the petitioners, to wit, Anamika and Netrapal shall not be arrested in Case Crime No. 4 of 2026, under Section 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Jaitipur, District Shahjahanpur," it ordered.
Further, the Court restrained the woman's family from causing any harm to the couple. They have also been restrained from entering their home or contacting them either directly or indirectly.
The Court also said that the Superintendent of Police of Shahjahanpur shall be personally responsible for the couple's safety and security.
Advocate Shahenshah Akhtar Khan represented the petitioners.
Additional Government Advocate Ghan Shyam Kumar appeared for the State.
Advocate Ajay Kumar Mishra appeared for a private respondent.