The Allahabad High Court has observed that a married man staying in a live-in relationship with an adult woman, with her full consent, does not commit any criminal offence under Indian law. The court made it clear that social morality cannot override legal rights and that morality and law must be kept apart. The ruling came on March 25, 2026, while hearing a protection plea filed by a couple from Shahjahanpur, Uttar Pradesh. The woman’s family had opposed the relationship and filed a police case against the man, claiming his marital status made the live-in arrangement illegal. They also allegedly issued threats, including fear of honour killing.
Court Separates Law from Social Morality
The bench rejected the family’s argument and stated, “There is no offence of the kind where a married man, staying with an adult in a live-in relationship with the consent of the other person, can be prosecuted for any offence whatsoever. Morality and law have to be kept apart. If no offence under the law is made out, social opinions and morality will not guide the action of the court in protecting the rights of citizens.”
The court noted that the woman had herself written to the Superintendent of Police confirming she was an adult living with the man of her own free will. Despite her complaint about threats, no action was taken by the police.
The judges emphasized that it is the duty of the police to protect two consenting adults living together. They referred to the Supreme Court’s judgment in Shakti Vahini v. Union of India (2018), which places clear obligations on police authorities to safeguard such couples.
Court’s Directions
The High Court granted interim relief to the couple, including:
- No arrest in the criminal case registered against them
- Restraint on the woman’s family from harming or contacting the couple
- Personal responsibility on the Superintendent of Police, Shahjahanpur, to ensure their safety
Legal Context
This ruling aligns with earlier judicial views that live-in relationships between consenting adults are protected under the right to life and personal liberty (Article 21 of the Constitution). Indian law does not criminalize such consensual cohabitation between adults.
The decision focuses only on criminal liability and the right to protection. It does not address civil matters such as rights of the first spouse, maintenance, or divorce proceedings.
