Allahabad HC: Live-in between married man, consenting adult woman not a crime

Story by  PTI | Posted by  Vidushi Gaur | Date 27-03-2026
Representational Image
Representational Image

 

Prayagraj

The Allahabad High Court has observed that a married man living in a consensual live-in relationship with an adult woman does not constitute a criminal offence under the law.

A division bench comprising Justice J J Munir and Justice Tarun Saxena made the remark while granting interim protection from arrest to two individuals involved in the case.

While staying their arrest, the court emphasised that legality must be distinguished from societal morality. It stated that if an act does not fall within the ambit of a criminal offence, courts cannot be guided by social perceptions or moral views.

The case arose after an FIR was filed by the woman’s mother, alleging that her 18-year-old daughter had been taken away by the man. However, the woman informed the police that she is an adult and is living with him voluntarily in a live-in relationship.

She also claimed that her family opposed the relationship and had threatened her life, expressing fear of an honour killing. According to the petition, no action was taken on her complaint.

READ MOREHindu brothers in Rajasthan donate land for Eidgah

After hearing the matter, the court directed that no coercive action be taken against the petitioners and granted two weeks for filing a counter affidavit. The case is scheduled for further hearing on April 8.