Live-in relationships have long existed in a grey zone, socially frowned upon, yet not illegal. Courts are finding themselves in an unlikely role. They are the referees between personal freedom and social pressure.
Now, a judgement on this could become controversial and maybe challenged.
The Allahabad High Court has ruled that a married man living with an adult woman, with her consent, has committed no offence.
That, in plain terms, is what the court has said, in a ruling that draws a firm line between law and morality.
The observation came from a bench of Justice JJ Munir and Justice Tarun Saxena in an order dated March 25. The court was hearing a petition filed by a live-in couple seeking protection from threats allegedly made by the woman’s family.
The facts of the case are straightforward. The woman’s family had filed an FIR claiming the man, the first petitioner, was already married and had lured away the 18-year-old woman, the second petitioner, through inducement. The family’s argument was that a married man living with another woman was, by that fact alone, committing a crime.
The court disagreed.
It said there is no provision in law under which a married man living with a consenting adult in a live-in relationship can be prosecuted. It added that morality and law must be kept separate, and that social opinions would not guide the court when it came to protecting citizens’ rights.
The court also reminded state authorities that protecting two consenting adults living together is a fundamental duty of the police.
Finding that a prima facie case had been made out, the court admitted the petition and issued notices to the respondents, giving the state counsel two weeks to file a counter-affidavit.
Immediate relief was also granted. The court directed that the petitioners shall not be arrested in the criminal case registered under Section 87 of the Bharatiya Nyaya Sanhita at Jaitipur police station in Shahjahanpur district. Section 87 deals with kidnapping, abduction, or inducing a woman into marriage or illicit sexual relations, an offence punishable with up to ten years in prison and a fine.
The court went further. It restrained the informant and all members of the woman’s family from causing any harm to the petitioners. They were also barred from entering the couple’s residence or contacting them, directly, electronically, or through any third party.
The Superintendent of Police, Shahjahanpur, was made personally responsible for ensuring the safety and security of the petitioners.
Also Read: BJP MP Calls For Ban On Live-In Relationships https://www.vibesofindia.com/bjp-mp-calls-for-ban-on-live-in-relationships/
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