Married Man In Consensual Live-In Relationship Isn't A Crime: High Court
A married man cannot be prosecuted for participating in a consensual, live-in relationship with an adult woman, the Allahabad High Court said in a significant verdict while hearing a criminal writ petition filed by a couple from Uttar Pradesh's Shahjahanpur in such a live-in relationship. The court stressed the separation of 'morality' and the law and said that under the latter, no prima facie offence seemed to have been committed by the man. The court also said its actions to protect citizens' rights could not be dictated by social opinion or morality. The court directed the police not to arrest the petitioner couple and also restrained all members of the female petitioner's family from causing any harm to the couple. Furthermore, the court said family members could not enter the couple's matrimonial home nor attempt to contact them – directly, via electronic communication, or through a third party. The court held the local police chief personally responsible for the petitioners' safety and security. The matter has been scheduled for hearing next on April 8. The order was passed by a Division Bench of Justice JJ Munir and Justice Tarun Saxena.
A married man cannot be prosecuted for participating in a consensual, live-in relationship with an adult woman, the Allahabad High Court said in a significant verdict while hearing a criminal writ petition filed by a couple from Uttar Pradesh's Shahjahanpur in such a live-in relationship.
The court stressed the separation of 'morality' and the law and said that under the latter, no prima facie offence seemed to have been committed by the man. The court also said its actions to protect citizens' rights could not be dictated by social opinion or morality.
The court directed the police not to arrest the petitioner couple and also restrained all members of the female petitioner's family from causing any harm to the couple.
Furthermore, the court said family members could not enter the couple's matrimonial home nor attempt to contact them – directly, via electronic communication, or through a third party. The court held the local police chief personally responsible for the petitioners' safety and security.
The matter has been scheduled for hearing next on April 8.
The order was passed by a Division Bench of Justice JJ Munir and Justice Tarun Saxena.
