The Allahabad high court has said that a married man having a consensual live-in relationship with an adult woman is not an offence under law.
“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,” observed the bench comprising Justice JJ Munir and Justice Tarun Saxena while granting interim protection from arrest to two petitioners in the case.
Petitioners Anamika and Netrapal pleaded that Anamika was living with Netrapal out of her free will but sometime back, Anamika’s family lodged an FIR against Netrapal at Jaitipur police station in Shahjahanpur, and police are likely to arrest Netrapal.
The counsel appearing for the informant argued that the man was already married and therefore staying with another woman is an offence. The court in its order dated March 25 said: “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.”
The court also restrained the woman’s family members from causing any harm to the petitioners and directed that they 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 bench said. “To protect two adults living together is the duty of the Police,” it added. The court directed the state government and informant to file counter affidavits by the next date of hearing on April 8.
