Living with a married man is not a crime… Allahabad High Court’s big decision on live-in
Uma Shankar March 27, 2026 07:24 PM
Living with a married man is not a crime… Allahabad High Court's big decision on live-in

Allahabad High Court has given an important decision regarding live-in relationship. The High Court has said that it is not a crime for a married man to be in a live-in relationship. The court said that social morality cannot overpower the court's duty to protect the rights of citizens; a live-in married couple had filed a petition seeking protection. The hearing was held in the division bench of Justice JJ Munir and Justice Tarun Saxena.

It was said in the petition that the couple was receiving threats from the woman's family. The woman's family lawyer argued that since the man was already married, it was a crime for him to live with another woman, however, the court remarked that the law should be kept separate from social morality.

court "There is no offense under which a married person, living in a consensual live-in relationship with an adult, can be prosecuted for any offence. The court said that morality and law should be kept separate.

Court directed to provide security to the couple

The court said that if no offense is made out under the law, then social opinion and morality will not dictate the court's action to protect the rights of citizens.

The court said that the woman has already given an application to SSP Shahjahanpur, in which it has been said that she is an adult and is living in a live-in relationship with the man of her own free will.

The court also said that her parents and other family members were against their relationship. He has threatened to kill her, and both fear honor killing.

The court said that the SSP has not taken any action on this complaint. It is the duty of the police to protect two adults living together. The Superintendent of Police has special responsibilities in this regard. As stated by the Supreme Court in the case of Shakti Vahini vs. Union of India and others, (2018) 7 SCC 192.

High Court issued notice to the state government

The court said that a joint affidavit of both the petitioners has also been attached with this petition. The court concluded that a prima facie case was made out. The High Court issued notice to the state government for April 8. The court also granted protection to the couple in a kidnapping case, which was registered on the basis of a complaint lodged by the woman's family.

Till further orders of the High Court, the arrest of the petitioners Anamika and Netrapal is stayed, an FIR is registered against the petitioners in Case Crime No. 4/2026 in Jaitipur police station of Shah Jahanpur,

FIR has been registered under Section 87 of BNS, 2023. The court stopped the woman's family from causing any harm to the couple. They have also been banned from entering his house or contacting him directly or indirectly.

The court also said that SSP Shahjahanpur will be personally responsible for the safety and security of the couple. Advocate Shahenshah Akhtar Khan fought the case on behalf of the petitioners. Additional Government Advocate Ghan Shyam Kumar appeared on behalf of the State. Advocate Ajay Kumar Mishra appeared on behalf of a private respondent.

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