Allahabad High Court has made an important comment saying that it is not a crime for a married man to be in a consensual live-in relationship with an adult woman. The court also made it clear that social morality cannot override the duty of the courts to protect the rights of citizens.
According to Bar & Bench, this comment was made by the division bench of Justice JJ Munir and Justice Tarun Saxena during the hearing of a petition. The petition was filed by a live-in couple who were facing threats from the woman’s family and were facing the threat of honor killing.
Law and morality have to be kept separate: Court
During the hearing, the woman’s family argued that the man was already married, hence it was a crime for him to live with another woman. On this the court clearly said that it is necessary to keep law and social morality separate. The court said, “There is no offense in which a married man would face prosecution for living in a live-in relationship with an adult woman with her consent. If no offense is made out under the law, then social considerations and morality cannot be the basis of the court’s decision.”
The woman expressed her wish to live together
The court also noted that the woman had already applied to the Shahjahanpur Superintendent of Police stating that she was an adult and was living in a live-in relationship with the man of her own free will. Despite this, her parents and other family members are against this relationship and are threatening to kill her.
Police responsibility fixed, instructions to provide security
The court said that it is the duty of the police to ensure the safety of two adults. In this context, the court referred to the famous Supreme Court case Shakti Vahini v. Citing the Union of India, he said that in such cases the police, especially the Superintendent of Police, have special responsibility. The court also found that no effective action had been taken so far on the woman’s complaint. Therefore, the court issued notice to the state government and fixed April 8 as the date of next hearing.
Ban on arrest, warning to family also
The court stayed the arrest of both the petitioners – Anamika and Netrapal – in a kidnapping case till the next hearing. Also directed the woman’s family not to cause any harm to the couple and also to refrain from entering their house or contacting them directly or indirectly. The court also ordered that the Shahjahanpur Superintendent of Police will be personally responsible for the safety and protection of the couple.