On 25th March (Wednesday), the Allahabad High Court ruled that it is not illegal for a married man to stay in a live-in relationship with an adult. The court made the comments during the hearing of a writ petition for protection filed by a couple. The family of the woman argued that he had a wife and cannot stay with another partner. They had also claimed that the woman was abducted by the man.
“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,” pronounced a bench of Justice JJ Munir and Justice Tarun Saxena.
The court observed that the woman named Anamika had already approached the Shahjahanpur Superintendent of Police, asserting to be an adult who was living with Netrapal voluntarily. It further stated that her parents and family are opposed to their union and have issued death threats and the pair fears “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. A prima facie case is made out,” the bench conveyed.
The family of the woman had accused the man of taking her through “blandishment.” The court stated that a complaint was filed by the mother of the woman and the FIR mentioned that her daughter was 18 years old.
The duo was also granted protection against arrest regarding the complaint. The Superintendent of Police (SP) was directed to ensure their safety. The court “restrained” the family of the girl from inflicting any harm upon them and has also instructed them not to make any contact in any manner or visit their matrimonial residence.
“The fourth respondent and all members of the first petitioner’s family stand restrained from causing harm to the parties in life or limb and 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 Superintendent of Police, Shahjahanpur shall be personally responsible to ensure the safety and security of the petitioners,” the court ordered.
