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The Allahabad High Court has issued a significant ruling on the legal boundaries of personal relationships, asserting that a married man entering into a live-in arrangement with another woman does not constitute a criminal offence. In a pointed observation, the court emphasised that while society may have its own views on the matter, "social morality" cannot be allowed to override the judiciary's fundamental duty to protect individual rights.

 

The ruling came during the hearing of a protection plea filed by a couple, Anamika and Netrapal, who claimed they were facing credible threats of "honour killing" from the woman’s family. The division bench, comprising Justice JJ Munir and Justice Tarun Saxena, was clear in its assessment: when two adults cohabit by mutual consent, no law is broken, regardless of the man’s marital status. "Morality and law have to be kept apart," the bench added that the courts cannot be guided by public opinion when no actual crime has been committed.

 

The court expressed its dissatisfaction with the local authorities in Shahjahanpur, noting that despite the woman informing the Superintendent of Police that she was living with the man of her own free will, no protective action had been taken. Reminding the police of their constitutional obligations, the justices stressed that it is the absolute duty of the force to protect adults who choose to live together. Consequently, the court has held the Superintendent of Police personally responsible for the couple’s safety and security.

 

As an immediate measure of relief, the bench directed that the couple must not be arrested in connection with a kidnapping case recently registered against them. Furthermore, the woman’s family has been strictly restrained from contacting the pair, entering their residence, or causing them any harm. The matter has been listed for a further hearing on April 8, with the Uttar Pradesh government now under notice to explain the earlier lack of police intervention.

 

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