The Allahabad High Court on Wednesday granted legal protection to a couple in a consensual live-in relationship, observing that a married man living with an adult woman does not constitute a criminal offence, The Hindu reported.
The case before the court was filed by the woman’s family, which objected to the relationship, arguing that the man’s marriage made it illegal.
A bench of Justices JJ Munir and Tarun Saxena rejected this contention, stating that there is no offence in a married man living with an adult in a consensual live-in relationship.
“Morality and law have to be kept apart,” Bar and Bench quoted the court as saying. “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.”
The court also noted that the woman had approached the Shahjahanpur superintendent of police, stating that she was living with her partner of her own free will and that her family had threatened her with death, the legal news outlet reported.
The court noted that no action had been taken on her complaint and underlined that it was the duty of the police to “protect two adults living together”.
The court directed that neither the woman nor her partner should be harmed or arrested. It also restrained her family from contacting them or entering their home, either directly or indirectly.
The court made the Shahjahanpur superintendent of police personally responsible for ensuring the couple’s safety and security, Live Law reported.
The bench has granted the state counsel two weeks to file a counter-affidavit.
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