Relationships / Married Man Cannot Be Prosecuted for Consensual Live-In Relationship: Allahabad High Court Rules
·5 days ago·3 min read
Key Points
Allahabad High Court ruled that a married man cannot be prosecuted for a consensual live-in relationship with an adult woman, stating legality cannot be dictated by societal morality.
Prayagraj, Mar 26: In a significant observation, the Allahabad High Court has held that a married man cannot be prosecuted merely for being in a consensual live-in relationship with an adult woman, underlining that legality cannot be dictated by societal morality.
Court Draws Line Between Law and Morality
The ruling came while hearing a criminal writ petition filed by a live-in couple from Shahjahanpur seeking quashing of a police case lodged by the woman’s mother.
The court noted that while such relationships may invite social disapproval, no prima facie offence is made out in law if both individuals are consenting adults. It emphasised that the judiciary’s role is to protect legal rights, not enforce moral standards.
No Arrest, Protection Granted
The bench directed the police not to arrest the couple and ordered protection for them, restraining the woman’s family members from causing any harm.
It further barred the family from entering the couple’s residence or attempting any form of contact, whether direct or indirect. The local police chief has been held personally responsible for ensuring their safety.
The matter is scheduled for further hearing on April 8.
Case Background
The order was passed by a Division Bench comprising Justice JJ Munir and Justice Tarun Saxena.
The petitioners, Anamika (18) and Netrapal, moved the court after an FIR was filed on January 8 at Jaitipur Police Station by the woman’s mother, alleging that her daughter had been “enticed away”.
The case was registered under the provisions of the Bharatiya Nyaya Sanhita.
Also Read: No Lockdown Proposal Under Consideration, Clarifies Hardeep Singh Puri
‘Consensual Relationship Between Adults’
During the hearing, the court was informed that both individuals are adults and are living together by choice. Anamika also confirmed before the police that she was in the relationship voluntarily.
Counter arguments pointed out that Netrapal is a married man. However, the court observed that no criminal provision applies solely on that basis in a consensual live-in arrangement.
Honour Killing Fears Raised
The couple also expressed fears of ‘honour killing’, alleging threats from the woman’s family. Taking serious note, the court pulled up the Superintendent of Police for inaction.
Referring to the Supreme Court’s ruling in Shakti Vahini vs Union of India, the High Court reiterated that it is the duty of authorities to ensure protection of consenting adults exercising their choice.
Key Takeaway
The ruling reinforces a crucial legal position - consent between adults takes precedence over societal notions of morality, and such relationships, even if unconventional, do not automatically attract criminal liability.
Court Draws Line Between Law and Morality
The ruling came while hearing a criminal writ petition filed by a live-in couple from Shahjahanpur seeking quashing of a police case lodged by the woman’s mother.
The court noted that while such relationships may invite social disapproval, no prima facie offence is made out in law if both individuals are consenting adults. It emphasised that the judiciary’s role is to protect legal rights, not enforce moral standards.
No Arrest, Protection Granted
The bench directed the police not to arrest the couple and ordered protection for them, restraining the woman’s family members from causing any harm.
It further barred the family from entering the couple’s residence or attempting any form of contact, whether direct or indirect. The local police chief has been held personally responsible for ensuring their safety.
The matter is scheduled for further hearing on April 8.
Case Background
The order was passed by a Division Bench comprising Justice JJ Munir and Justice Tarun Saxena.
The petitioners, Anamika (18) and Netrapal, moved the court after an FIR was filed on January 8 at Jaitipur Police Station by the woman’s mother, alleging that her daughter had been “enticed away”.
The case was registered under the provisions of the Bharatiya Nyaya Sanhita.
Also Read: No Lockdown Proposal Under Consideration, Clarifies Hardeep Singh Puri
‘Consensual Relationship Between Adults’
During the hearing, the court was informed that both individuals are adults and are living together by choice. Anamika also confirmed before the police that she was in the relationship voluntarily.
Counter arguments pointed out that Netrapal is a married man. However, the court observed that no criminal provision applies solely on that basis in a consensual live-in arrangement.
Honour Killing Fears Raised
The couple also expressed fears of ‘honour killing’, alleging threats from the woman’s family. Taking serious note, the court pulled up the Superintendent of Police for inaction.
Referring to the Supreme Court’s ruling in Shakti Vahini vs Union of India, the High Court reiterated that it is the duty of authorities to ensure protection of consenting adults exercising their choice.
Key Takeaway
The ruling reinforces a crucial legal position - consent between adults takes precedence over societal notions of morality, and such relationships, even if unconventional, do not automatically attract criminal liability.
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