Rohan Umak
Live-in relationship court verdict: The Allahabad High Court (HC) drew a line between law and morality while hearing a writ petition filed by a couple seeking protection from alleged threats issued by the woman’s family on Friday. The court ruled that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence, while emphasising that legal rights must remain independent of societal moral standards.
“Law cannot be guided by moral policing,” says HC
A division bench comprising Justice JJ Munir and Justice Tarun Saxena made the remarks during the hearing. The counsel representing the woman’s family argued that the man, being legally married, was engaging in an unlawful act by cohabiting with another woman. The bench, however, junked the contention, saying that moral considerations cannot dictate legal interpretation.
The bench ruled that a consensual relationship between two adults, regardless of marital status, does not attract criminal liability unless explicitly prohibited under law. It underscored that the court must safeguard citizens’ rights without being influenced by prevailing social norms.
Live-in relationship court verdict: Cops pulled up over inaction
The High Court then took note of the woman’s complaint submitted to the Superintendent of Police (SP) in Shahjahanpur, wherein she asserted that she is a major and is living with the man of her own free will. She also alleged that her family had threatened her life, raising fears of an honour killing. The court expressed concern over the lack of police response and reiterated that it is the duty of the law enforcement to ensure the safety of consenting adults. It referred to the landmark Shakti Vahini v. Union of India judgment, which mandates protection for couples facing threats from family members.
Couple gets interim protection
The Court granted interim relief to the couple, and directed that the duo must not be arrested in connection with a kidnapping case filed by the woman’s family under the Bharatiya Nyaya Sanhita (BNS). Additionally, the bench issued directives to the woman’s family not to contact or harm her and her live-in partner. Shahjahanpur SP has been personally held accountable for ensuring the couple’s safety.
The Court concluded by saying that the matter will be heard on April 8, 2026.
