Consensual live-in relationship between married man and adult woman is not a crime: Allahabad high court

The Allahabad High Court has ruled that a married man living in a consensual live-in relationship with an adult woman does not commit a criminal offence under Indian law. A division bench of Justice J.J. Munir and Justice Tarun Saxena delivered the verdict, emphasizing that “morality and law have to be kept separate.”

The case, arising from Shahjahanpur district in Uttar Pradesh, involved a woman who stated she was living with a married man of her own free will. Her mother lodged an FIR alleging that the man had enticed her daughter away and accused others of abetting the act under Section 87 of the Bharatiya Nyaya Sanhita. The woman also expressed fears of “honour killing” due to threats from her family and alleged police inaction on her complaints.

The court granted interim protection from arrest to the couple and underscored the importance of their safety. It issued a stern warning to the woman’s family, directing that “no family member shall attempt to enter their residence or try to establish contact with them via phone, text messages, or through any third party.” The judges further ordered authorities to ensure this protection and invoked the Supreme Court’s 2018 Shakti Vahini verdict, reaffirming mandatory protective protocols in such cases.

“There is no offence where a married man is staying with an adult woman in a live-in relationship with her consent,” the court declared. “If there is no offence under the law, social opinions and morality will not guide the court.”

The bench also directed the Registrar (Compliance) to deliver copies of the order to the concerned authorities within 24 hours. After hearing both sides, the court allowed two weeks for the filing of a counter affidavit by the police and listed the case for further hearing on April 8.

This ruling marks a significant departure from some of Allahabad HC's earlier judgments, where live-in relationships—especially involving married individuals—were viewed with greater legal and moral scrutiny. In previous cases, the court at times appeared to align more closely with societal and moral perspectives, occasionally interpreting such relationships as tantamount to offences like adultery or enticement, leading to criminal proceedings or police action.

(With agency inputs)