‘It is not a crime for a married man to live with another woman’, Allahabad High Court’s big decision on personal freedom:

Posts

Allahabad High Court has made a historic comment regarding live-in relationship and has made the line between personal freedom and legal decorum clear. During the hearing of an important case, the court bluntly said that if a married man is living in a live-in relationship with an adult woman against her will, then it cannot be categorized as a crime. The court made it clear that it is wrong to violate the constitutional rights of a citizen on the basis of ‘social morality’.

Court becomes strict on the security of Shahjahanpur’s loving couple

This whole matter is related to a couple from Shahjahanpur, Anamika and Netrapal, who had approached the High Court for the safety of their lives. Justice J. J. A division bench of Justice Munir and Justice Tarun Saxena heard this petition. The woman alleged that her family members are strongly against this relationship and they are afraid of ‘honor killing’. The woman had already applied to the Superintendent of Police (SP) and made it clear that she was an adult and was living with her partner on her own free will.

Law versus social morality: the court’s bluntness

During the hearing, when the woman’s family argued that the man was already married, hence the relationship was illegal, the court rejected this argument outright.

Court’s comment: “There is no provision in Indian law that makes it a criminal offense for a married man to live with an adult woman with her consent.”

Constitutional Rights: The Court said that the primary duty of the courts is to protect the fundamental rights of the citizens and not to impose the age-old beliefs of the society on them. Law and social thinking should always be viewed through different lenses.

Citing the Supreme Court’s ‘Shakti Vahini’ decision

The High Court has given the historic decision of the Supreme Court in this case. ‘Shakti Vahini vs Union of India’ Mentioned. This decision is specifically meant to provide protection to couples who choose their life partners and who are at risk of honor killings. The court also raised questions on the functioning of the local police as to why security was not provided despite the complaint. The court made it clear that it is the constitutional responsibility of the police to ensure the safety of two adults.

Ban on arrest and security instructions to SP

The court gave major relief in this case:

Prohibition on arrest: On the arrest of Anamika and Netrapal in the alleged kidnapping case 8 April 2026 Till now it has been banned.

Security Responsibility: Shahjahanpur SP has been instructed to personally ensure the security of the couple.

Instructions to family: The woman’s family has been given a strict warning not to interfere in the couple’s personal life nor cause them any harm.

This decision of Allahabad High Court has once again given the message that ‘right to choice’ is above any social pressure. Now the next hearing of this case will be on April 8.