The Allahabad High Court recently observed that a married man's live-in relationship is not an offence and that social morality cannot override the duty of the courts to protect the rights of citizens.
Hearing a plea seeking protection of a live-in couple who are facing threats from the woman's family, a division bench of Justice J.J. Munir and Justice Tarun Saxena said there is no offence of the kind where a married man, staying with an adult in a live-in relationship, with consent of the other person, can be prosecuted for any offence.
When the counsel for the woman's family argued that it is an offence for a man who is already married to stay with another woman, the court observed: "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."
Pointing out that the the woman has already submitted an application to the police, saying that she is an adult and staying of her free will with the man in a live-in relationship, the court noted that it is the duty of the police to protect two adults living together.
"Particular obligations in this regard are cast upon the Superintendent of Police, as held by the Supreme Court in Shakti Vahini v. Union of India and others, (2018) 7 SCC 192. This petition is supported by joint affidavit of both the petitioners," the court said, according to Bar and Bench.