A married man cannot be prosecuted for being in a consensual live-in relationship with an adult woman, the Allahabad High Court said recently while hearing a criminal writ petition from a couple in Shahjahanpur, UP. The couple sought to dismiss a police case filed by the woman’s mother against them.
The court emphasized the distinction between ‘morality’ and the law. It noted that, in legal terms, no prima facie offense seemed to committed by the man, and the relationship appeared to be consensual.
Married Man in Consensual Live-In Relationship is not crime, High court said
On January 8, Anamika’s mother, Kanti, filed a police case at the Jaitipur Police Station in Shahjahanpur. She claimed that Netrapal ‘enticed’ her daughter to leave with him and allegedly helped by another man, Dharmpal. The case filed under Section 87 of the new Bharatiya Nyaya Sanhita (BNS).
Anamika, 18, and Netrapal, whose age is unclear, challenged this case in the Allahabad High Court, asking for it to quashed while also seeking protection from the court.
What the petitioners said?
However, during the hearing, the High Court observed that there was no crime under which Netrapal charged if he was in a consensual live-in relationship with an adult. The court also noted that Anamika confirmed to the police that she is an adult and is in a live-in relationship withNetrapal of her own free will.
The petitioners expressed concerns about ‘honour killing.’ Anamika claimed that family members, including her parents, had issued death threats. The court responded by reprimanding the Superintendent of Police for failing to take action.
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