The Allahabad High Court has ruled that a married man’s live-in relationship is not a crime. Social morality cannot override Courts’ duty to protect citizens’ rights, a Division Bench of Justice JJ Munir and Justice Tarun Saxena observed while hearing a petition seeking protection of a live-in couple facing threats from the woman’s family.

The woman’s counsel argued that since the man is already married, it is an offense for him to stay with another woman. Responding to that, the court said that the law has to be kept separate from social morality.

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There is no offense 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, the court stated, adding that morality and law have to be kept apart.

“If there is no offense under the law made out, social opinions and morality will not guide the action of the Court for protecting the rights of citizens,” the Bench opined.

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