'Morality & law should be kept apart': Married man in live-in relationship with adult woman not crime: Allahabad HC

The Allahabad High Court has noted that a married man in a live-in relationship with an adult woman is not a crime.

Observing that morality and law should be kept apart, the court said that social morality cannot override the court’s duty to protect citizens' rights.

The court was hearing a criminal writ petition filed by a couple from UP's Shahjahanpur, who sought to quash a police case registered against them.

During the hearing, counsel for the woman’s family argued that since the man is already married, it is an offence for him to stay with another woman.

The court, however, said, "There is no offence of the kind where a married man, staying with an adult in a live-in relationship, by consent of the other person, can be prosecuted for any offence, whatsoever."

"Morality and law have to be kept apart. If there is no offence under the law made out, social opinions and morality will not guide the action of the Court for protecting the rights of citizens," it added.

The court also noted that the woman had already approached the Shahjahanpur SP, stating that she is an adult and is living with the man of her own free will in a live-in relationship.