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In a significant order, the Allahabad High Court recently cautioned against confusing notions of morality with the law and said it’s no offence for a married man to stay in a live-in relationship with an adult woman.
A Division Bench of the High Court said in its March 25, 2026, order while granting protection to a couple who alleged threats from the woman’s family.
Rejecting the argument that it is an offence, the Division Bench of Justices J.J. Munir and Tarun Saxena said, “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.”
The High Court underlined that “morality and law have to be kept apart” and added, “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 court was hearing a plea by the couple seeking protection to their lives alleging threats from the woman’s family and seeking of the First Information Report lodged in this connection.
The mother of the woman had lodged the FIR alleging that that the latter was taken away by blandishment by the man.
The woman’s family argued that the man’s action constituted an offence as he was already married, but this did not find favour with the court.
The bench noted that the woman had filed an application with the Superintendent of Police, Shahjahanpur, saying that she is an adult and staying of her freewill with the man in a live-in relationship. The court said that though she also complained that her parents and other family members are averse to the marriage and have threatened her with death, and both fear honour killing, no action has been taken on this complaint by the Superintendent of Police.
The bench said that “to protect two adults living together is the duty of the Police.”
It added that “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…”. The Supreme Court had in that case in 2018 held the interference of Khap panchayats in marriages between consenting adults, illegal.
Stating that the averments in the petition filed by the couple make out a prima facie case, the bench issued notice to the state government and the woman’s family members. It further directed that the petitioner couple shall not be arrested until further orders.
“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.”
The bench also “restrained” the woman’s mother “and all members of the” her family “from causing harm to the parties in life or limb”. It directed that they “shall not enter the parties’ matrimonial home or contact them directly or through any electronic means of communication or through the agency of others.”
The court said “the Superintendent of Police, Shahjahanpur shall be personally responsible to ensure the safety and security of the petitioners.”
The bench directed the HC’s Registrar (Compliance) is “to communicate this order to the Superintendent of Police, Shahjahanpur and the Station House Officer, Police Station Jaitipur, District Shahjahanpur, both through the learned Chief Judicial Magistrate, Shahjahanpur within 24 hours next.”
It asked the state and the woman’s mother to file their counter affidavits within 2 weeks. The court will hear it again on April 8, 2026.
