Allahabad High Court says married man in live-in relationship commits no offence, grants protection to couple

The Allahabad High Court has ruled that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence, underlining that personal relationships between consenting adults cannot be penalised under the law.

The observation came while the court was hearing a petition filed by a couple from Uttar Pradesh seeking protection from police action and threats allegedly issued by the woman’s family. The family had lodged a complaint accusing the man of wrongdoing, objecting to the relationship on moral grounds.

Rejecting these claims, the court made it clear that no offence is made out when two adults choose to live together voluntarily, even if one of them is already married.

In a key observation, the bench stressed that “morality and law have to be kept apart”, adding that courts cannot act based on societal perceptions if no legal violation exists. The judges noted that social disapproval cannot override the duty of courts to protect individual rights.

The woman had informed authorities that she was an adult and living with the man of her own free will. However, the couple alleged that they were facing serious threats from her family, including fears of honour-based violence.

Taking note of the situation, the High Court granted protection to the couple and directed the police to ensure their safety. It also restrained authorities from taking coercive action against them, including arrest, in connection with the case filed by the woman’s family.

The court further pulled up the police for failing to act on the woman’s earlier complaint regarding threats, emphasising that it is the responsibility of law enforcement to protect adults exercising their fundamental rights.

The ruling reinforces a consistent legal position upheld by courts in India that live-in relationships between consenting adults are not illegal. The judiciary has repeatedly affirmed that the right to choose a partner and cohabit falls within the ambit of personal liberty.

The matter is expected to be taken up again in the coming weeks, but the interim protection ensures that the couple will not face immediate legal or physical risk.