Married man staying in a live-in relationship with woman is not an offence, rules Allahabad HC

March 27, 2026

In a significant observation, the Allahabad High Court has ruled that a married man staying in a live-in relationship with an adult woman does not constitute an offence under the law.

A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena made the remark while hearing a petition filed by a live-in couple seeking police protection from threats by the woman’s family.

“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,” the court said.

The bench emphasised that morality and law must be kept apart. It added that if no offence is made out under the law, social opinions or morality cannot guide the court’s actions in protecting citizens’ fundamental rights.

What is the matter?

A woman in the relationship had filed a complaint with the Superintendent of Police in Shahjahanpur, Uttar Pradesh, stating that she is an adult and is staying with the man of her own free will.

However, her family members reportedly opposed the relationship and issued death threats, raising concerns of a possible honour killing.

The court noted that no action had been taken on her complaint so far. It observed that protecting two consenting adults living together is the duty of the police, particularly the Superintendent of Police, as laid down by the Supreme Court in the Shakti Vahini v. Union of India case (2018).

The petition was supported by a joint affidavit from both the man and the woman.

Court’s Stand on Live-In Relationships

This ruling aligns with the Allahabad High Court’s earlier order in December 2025, where it directed police to provide protection to 12 live-in couples facing threats from their families. In that order, the court had observed that the right to life and personal liberty must be protected regardless of whether individuals are married or unmarried, minor or major.

It stressed that adults in live-in relationships are entitled to state protection under the Constitution.