A married man staying with another adult in a consensual live-in relationship cannot be treated as a criminal offence, the Allahabad High Court has observed, adding that morality and law must remain separated. A bench of Justices JJ Munit and Tarun Saxena said that when it comes to protecting a citizen's rights, the law will not be dictated by social opinions and moral values.
The observation was made while the court was hearing a petition seeking protection of a live-in couple who claimed to be receiving threats from the woman's family.
What is the case about
As per the facts laid out in the case, the woman's family lodged an FIR alleging that the man, petitioner no. 2, who is already married, had lured the 18-year-old woman, petitioner no. 1, through blandishment. They further contended that his relationship with another woman amounted to a criminal offence because he is married.
The bench rejected this argument, observing: "There is no offence of the kind where a married man, staying with an adult in a live-in relationship, by consent of the other person, can be prosecuted for any offence, whatsoever. Morality and law have to be kept apart. 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 submitted an application to the Shahjahanpur SP stating that she is an adult and is living with petitioner no. 2 of her own free will.
The petitioners further submitted that the woman’s family opposed the relationship and had issued death threats, raising fears of an honour killing.
However, no action was taken by the district police chief on the complaint. Taking serious note of this, the bench emphasised that it is the fundamental duty of the police to protect two consenting adults living together.
Finding that a prima facie case existed, the Court admitted the petition and issued notices to the respondents, granting the state counsel two weeks to file a counter affidavit.
As an interim measure, the bench directed that, until further orders, the petitioners shall not be arrested in the criminal case registered under Section 87 BNS at Police Station Jaitipur in Shahjahanpur district.
To ensure their protection, the Court restrained the informant and all members of the woman’s family from causing any harm to the petitioners. The bench further directed that they shall not enter the petitioners’ residence or contact them directly, electronically, or through any third party.
It also held that the Superintendent of Police, Shahjahanpur, would be personally responsible for ensuring the safety and security of the petitioners.
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