The Allahabad High Court has ruled that a married man living in a live-in relationship with an adult woman, with mutual consent, cannot be subjected to criminal action on that ground alone.
The order came on a petition filed by Netrapal and Anamika from Shahjahanpur, Uttar Pradesh. The couple told the court they are both above 18 and living together, and sought quashing of a police complaint filed by Anamika’s mother, along with protection from alleged threats.
During the hearing before Justices J.J. Munir and Tarun Saxena, counsel for the woman’s mother argued that the man was already married and that living with another adult woman should be treated as an offence. The petitioners’ counsel maintained that the relationship was consensual and therefore not a crime.
The bench observed that morality and law are not the same, and said there was no indication that the man had committed any offence. The court directed that the petitioners should not be arrested.
Noting the couple’s apprehension about their safety, the court ordered that the woman’s family members must not harm them, enter their residence, or attempt to contact them directly, electronically, or through third parties. It said Shahjahanpur police would be responsible for their protection, and posted the matter to April 8.
