The Allahabad High Court has clarified that a married man living with an adult woman in a consensual live-in relationship does not commit any criminal offence, underscoring that courts cannot allow societal morality to trump legal rights.

The observation came while the court was hearing a petition filed by a couple seeking security after allegedly receiving threats from the woman’s family. The bench stated that when two adults choose to reside together of their own volition, such an arrangement does not amount to a punishable act under existing law.

Drawing a clear distinction between law and moral perception, the court said that judicial decisions must rest on statutory provisions rather than prevailing social attitudes. If no legal violation is established, moral disapproval cannot be a basis to deny constitutional protection, it observed.

The woman had earlier approached the Superintendent of Police, asserting that she was staying with the man voluntarily and expressing fears of honour-based violence. However, the court noted an apparent lack of action on her complaint and stressed that safeguarding adults in such situations is a responsibility of law enforcement authorities.

A division bench comprising Justice JJ Munir and Justice Tarun Saxena directed that immediate protection be extended to the couple and made the Superintendent of Police in Shahjahanpur personally accountable for ensuring their safety. The matter has been listed for further hearing on April 8, and notice has been issued to the Uttar Pradesh government.

In addition, the court granted interim protection to the petitioners in a criminal case registered against them in Shahjahanpur, ordering that they shall not be arrested in connection with a kidnapping allegation. The woman’s relatives have also been restrained from harassing, contacting, or interfering with the couple in any manner.