‘Morality and Law Have To Be Kept Apart’: Married Man’s Live-In Relationship Is No Crime, Says Allahabad High Court
The Allahabad High Court ruled that a married man in a live-in relationship with an adult by consent commits no offence, stating law must remain separate from social morality. The Court granted protection to a Shahjahanpur couple facing death threats from family and restrained the police from arresting them in a related kidnapping case.
Mumbai, March 27: In a significant ruling on personal liberty, the Allahabad High Court has observed that a married man cohabiting with another adult woman in a live-in relationship does not constitute a criminal offence. A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena emphasised that the judiciary's duty to protect constitutional rights must remain independent of social morality.
The court’s remarks came during the hearing of a protection plea filed by a couple from Shahjahanpur who alleged they were facing death threats from the woman's family. Allahabad High Court Orders Railways To Pay INR 8 Lakh for Death of Unborn Child in 2018 Train Accident.
Separating Law from Social Morality
The legal intervention was prompted by a petition from the couple, Anamika and Netrapal, who sought protection against potential "honour killing". Counsel representing the woman's family argued that because Netrapal is already married, his relationship with another woman should be treated as a punishable act. Rejecting this argument, the Bench clarified that as long as two adults are living together by mutual consent, no crime is committed under existing statutes. "Morality and law have to be kept apart," the Court stated, adding that social opinions cannot guide judicial action when no legal violation has occurred.
Police Duty to Protect Adults
The Court noted that the woman had previously approached the Superintendent of Police (SP) in Shahjahanpur, declaring she was an adult living with the man of her own free will. Despite her report of receiving death threats, the Bench observed that no protective action had been taken by the local authorities. Citing the Supreme Court’s landmark judgment in Shakti Vahini v. Union of India (2018), the High Court reminded the police of their "particular obligations" to protect adults living together. The Court has now made the SP of Shahjahanpur personally responsible for the safety and security of the petitioners. ‘Daughter’s Pregnancy Outside Wedlock for an Average Indian Is a Nightmare’: Allahabad High Court Upholds Life Term of Couple Who Killed Pregnant Minor Daughter and Tenant in 2014.
Interim Protection and Restraining Orders
The Bench granted the couple interim protection from arrest in a kidnapping case (Case Crime No. 4 of 2026) registered under Section 87 of the Bharatiya Nyaya Sanhita (BNS), 2023, at the Jaitipur Police Station. The family had filed the complaint alleging that the woman had been abducted. Furthermore, the Court issued a strict restraining order against the woman’s family, prohibiting them from:
- Causing any physical harm to the couple.
- Entering the couple’s residence.
- Contacting the petitioners either directly or indirectly.
The High Court has issued a formal notice to the State of Uttar Pradesh, with the next hearing scheduled for April 8, 2026. This ruling reinforces a growing judicial trend in India that prioritises individual autonomy and the right to life over traditional societal expectations regarding marital status and cohabitation.
(The above story first appeared on LatestLY on Mar 27, 2026 12:33 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).