'Married man's consensual live-in relationship with an adult woman not a crime': Allahabad High Court

The court made the remark while hearing a writ petition filed by a live-in couple seeking to quash a police case lodged against them.

The petition was filed by Anamika and Netrapal after the woman’s mother, Kanti, registered a complaint at Jaitipur Police Station on January 8. She had alleged that Netrapal “enticed” her 18-year-old daughter to leave home with him, with assistance from another individual.

Challenging the case, the couple told the court they were consenting adults in a live-in relationship.

The court observed that no criminal offence is made out in such a situation and that Netrapal cannot be prosecuted merely for cohabiting with another woman despite being married.

The court directed the police not to arrest the couple and restrained the woman’s family members from causing them any harm. It also barred the family from visiting the couple’s residence or contacting them directly or indirectly.

Further, the court instructed the local Superintendent of Police to ensure the couple’s “safety and security.”

Taking note of the couple’s apprehension of “honour killing” and alleged death threats from family members, the court pulled up the police for inaction, stressing that it is their duty to protect the couple.

Emphasising that law must remain distinct from morality, the court underscored that individual rights cannot be dictated by social opinions.