Prayagraj
The Allahabad High Court has delivered a significant verdict regarding live-in relationships. The High Court has stated that it is not a crime for a married man to be in a live-in relationship. The Court observed that social morality cannot override the Court’s duty to protect the rights of citizens.
It is pertinent to note that a married couple living together in a live-in relationship had filed a petition seeking protection. The petition stated that the couple was receiving threats from the woman’s family. The counsel for the woman’s family argued that since the man was already married, living with another woman constituted a crime on his part. However, the Court remarked that the law must be kept distinct from social morality.
According to the High Court, “There is no offense under which a married person, living in a live-in relationship with another adult with mutual consent, can be prosecuted for any crime.” The Court reiterated that morality and law must be kept separate.
The Court stated that if an act does not constitute a crime under the law, the Court’s actions to protect citizens’ rights will not be dictated by social opinion or morality.
The High Court noted that the woman had already submitted an application to the SSP, Shahjahanpur, stating that she is an adult and is living in a live-in relationship with the man of her own free will. The Court further observed that her parents and other family members are opposed to their relationship; they have issued death threats against her, and both individuals fear an “honor killing.”
The Court pointed out that the SSP has failed to take any action on this complaint. It emphasized that it is the duty of the police to ensure the safety of two adults living together. In this regard, the Superintendent of Police bears a special obligation, as previously held by the Supreme Court in the case of *Shakti Vahini vs. Union of India and Others*, (2018) 7 SCC 192.
The Allahabad High Court further noted that a joint affidavit by both petitioners has been annexed to the present petition. The Court concluded that a prima facie case has been established. The High Court issued a notice to the State Government, returnable on April 8. The Court also granted protection to the couple in connection with a case of kidnapping, which had been registered based on a complaint filed by the woman’s family. For the time being, the High Court has stayed the arrest of the petitioners—Anamika and Netrapal—until further orders. An FIR against the petitioners is registered as Case Crime Number 4/2026 at the Jaitipur Police Station in Shahjahanpur. They have been booked under Section 87 of the BNS, 2023.
The Court restrained the woman’s family from causing any harm to the couple. They have also been prohibited from entering the couple’s residence or making contact with them, either directly or indirectly. Furthermore, the Court directed that the Senior Superintendent of Police (SSP), Shahjahanpur, shall be personally responsible for ensuring the safety and security of the couple.
It is pertinent to note that Advocate Shahanshah Akhtar Khan represented the petitioners in this case. Additional Government Advocate Ghanshyam Kumar appeared on behalf of the State, while Advocate Ajay Kumar Mishra appeared for a private respondent. The matter was heard by a Division Bench comprising Justice J.J. Munir and Justice Tarun Saxena.
