Even more significant, A married man has been ruled a consensual live-in relationship with an adult woman would not be a criminal offence according to Allahabad High Court.
The court made this remark as it listened to a couple petition to protect them from purported threats from the woman’s family. The bench held that such relationships raise moral issues and cannot be deemed illegal as long as there are consenting adults engaged in it.
Such” living together in a live-in relationship, even if the man is married, is not an offence under criminal law,” the court said, underscoring the need to differentiate between moral conduct and legality. Agreement was shown between the couple and not coercion or illegality happened in the relationship, the judges said.
Protection Granted to Couple
The court recommended police not to arrest the couple and ordered authorities to protect them. It also told family members of the woman to not harm, harass or attempt to communicate with people in the family-by phone or any other means whether they come down on them or contact them through the other.
Additionally the court held the local police administration responsible for the stability of the couple’s privacy and preventing any unruly incidence such as threats of honour-based violence.
Background of the Case
The case involved a married man named Netrapal and an 18-year-old woman, Anamika. It is her family’s mother who had filed a police complaint that one man was misleading their daughter and had been living with her despite being a married man.
The complaint also stated the family did not approve of the relationship because of the man's marital status and the young age of the woman.
Fearing threats from her family, Anamika approached the High Court together with Netrapal, for protection and for police withdrawal. She claimed to be an adult and to have chosen to live with him and also feared honour-based violence from her family.
Court’s attitude of law vs morality
It was clearly stated in the court of such a decision that personal relationships between consenting adults are part of individual liberty and a moral crime cannot therefore be done on the other end. As it is in the view of this court of law too, just because somebody is no longer illegal doesn't mean it’s socially acceptable.
This ruling shows the judiciary’s continued emphasis on individuals’ individual rights’ autonomy while in adult relationships, especially in cases where adult relationships are the central goal of our judiciary.
