Allahabad High Court Grants Protection to Live-in Couple, Emphasizes Separation of Morality and Law
The Allahabad High Court has delivered a significant ruling, granting protection to a live-in couple and firmly stating that morality and law must be kept separate in judicial decisions. The court observed that there is no offence if a married man stays with an adult woman in a live-in relationship with her consent, rejecting arguments based on social opinions and moral views.
Court's Stance on Morality Versus Legal Rights
While hearing a petition from the couple seeking protection due to alleged threats from the woman's family, the bench of Justice JJ Munir and Justice Tarun Saxena issued an order on March 25. The court clarified that social opinions and moral perspectives will not dictate its actions when it comes to safeguarding the fundamental rights of citizens. This ruling underscores the judiciary's commitment to upholding legal principles over subjective moral standards.
Background of the Case and Family's Allegations
The case originated from a petition filed by the couple, who claimed they faced threats from the woman's family. The family had lodged an FIR alleging that the man, who is married, had lured away the 18-year-old woman through blandishment. They argued that because he is married, living with another woman constitutes a criminal act. However, the court dismissed this plea, emphasizing that consent is a key factor in such relationships.
In its detailed order, the court stated, "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." This highlights the court's focus on legal provisions rather than societal norms.
Woman's Voluntary Consent and Police Inaction
The court noted that the woman had submitted an application to the Superintendent of Police in Shahjahanpur, affirming that she is an adult and is staying with the man out of her own free will. The couple also expressed fears of an honour killing, as the woman's parents and family members were averse to the relationship and had threatened her with death. Despite this, the district police chief took no action on their complaint, prompting the court to intervene.
Court's Directives for Protection and Legal Proceedings- The court admitted the petition and issued notices to the respondents, granting the state counsel two weeks to file a counter-affidavit.
- Immediate interim relief was granted, directing that the petitioners shall not be arrested in the criminal case registered under Section 87 of the Bhartiya Nyaya Sanhita (BNS) at Jaitipur police station in Shahjahanpur district.
- Section 87 BNS criminalizes kidnapping, abduction, or inducement of a woman to compel her into marriage or illicit sexual relations, with penalties of up to ten years imprisonment and fines.
Ensuring Safety and Restraining Threats
To ensure the couple's protection, the court imposed strict restraints on the informant and all members of the woman's family. They are prohibited from:
- Causing any harm to the parties in life or limb.
- Entering the parties' matrimonial home.
- Contacting them directly, through electronic means, or via others.
The court also held the Superintendent of Police, Shahjahanpur, personally responsible for ensuring the safety and security of the petitioners. This move reinforces the duty of police authorities to protect adults living together consensually, as emphasized by the court in its reminder to state authorities.
This ruling sets a precedent in balancing legal rights with societal morality, affirming that consenting adults have the right to live together without fear of prosecution or harm, regardless of marital status.
