In a significant observation, the Allahabad High Court has ruled that a married man cannot be prosecuted for being in a consensual live-in relationship with an adult woman, while hearing a criminal writ petition filed by a couple from Shahjahanpur.
The couple had approached the court seeking the quashing of a police case registered against them based on a complaint filed by the woman’s mother.
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During the hearing, the court emphasized the distinction between morality and law, stating that no prima facie offence appeared to have been committed by the man, as the relationship between the two adults was consensual. It further observed that judicial decisions to safeguard citizens’ rights cannot be influenced by prevailing social opinions or moral considerations.
The bench directed the police not to arrest the couple and restrained the woman’s family members from causing any harm or interference in their lives. The court also barred the family from entering the couple’s residence or attempting to contact them directly, electronically, or through intermediaries.
Additionally, the court held the local police chief accountable for ensuring the safety and security of the couple.
The order was passed by a Division Bench comprising Justice J.J. Munir and Justice Tarun Saxena. The matter is scheduled for further hearing on April 8.
(This story is published from a syndicated feed)
