Being married in consensual live-in relationship not crime: Allahabad High Court

“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,” observed the bench comprising Justice JJ Munir and Justice Tarun Saxena while granting interim protection from arrest to two petitioners in the case.

Petitioners Anamika and Netrapal pleaded that Anamika was living with Netrapal out of her free will but sometime back, Anamika’s family lodged an FIR against Netrapal at Jaitipur police station in Shahjahanpur, and police are likely to arrest Netrapal.

The counsel appearing for the informant argued that the man was already married and therefore staying with another woman is an offence. The court in its order dated March 25 said: “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.”