In a span of days, the Allahabad High Court has delivered two significant — and seemingly conflicting — rulings on live-in relationships involving married individuals.
An earlier ruling, delivered on March 20 by a single bench of Justice Vivek Kumar Singh, took a strict view: a person who is already married and whose spouse is alive cannot legally enter into a live-in relationship with another partner without first obtaining a divorce. However, days later, a division bench of the court held that a married man entering into a live-in relationship with a woman is not an offence under the law.
In the March 20 case, the court was hearing a plea by a couple, both already married to different partners, who sought protection from alleged threats by their families. They argued they were living together like husband and wife and feared for their lives.
However, the state opposed the plea, saying their relationship was illegal as neither had obtained a divorce.
Agreeing with the state, the court refused to grant protection. It held that while two consenting adults have the right to live together without interference — regardless of caste, religion or social barriers — this right is not absolute.
The single bench underscored that personal liberty cannot override the statutory rights of a legally wedded spouse.
“A spouse has a legal right to the company of their partner, and that right cannot be taken away in the name of personal freedom,” the court observed.
It added that allowing such protection could amount to shielding an offence under provisions related to bigamy. Since the petitioners had no legally enforceable right in such circumstances, the court said it could not issue a writ directing protection.
The bench, however, clarified that if the couple faces violence, they are free to approach the police for protection.
In contrast, just days after this ruling, a division bench of Justices J J Munir and Tarun Saxena adopted a more liberal interpretation while hearing a separate case involving a married man and an 18-year-old woman.
The bench observed that a married man living with an adult woman in a consensual live-in relationship does not constitute a criminal offence.
“There is no offence where a married man is staying with an adult woman in a live-in relationship with her consent Morality and law have to be kept separate,” the court said.
The case arose after the woman’s family filed an FIR alleging she had been taken away. The woman, however, told police she was living with the man of her own free will and feared for her life due to threats from her family.
Noting apparent police inaction, the court emphasised that it is the duty of authorities to protect consenting adults.
The division bench granted interim protection to the couple, directing that no coercive action be taken against them. It also restrained the woman’s family from contacting or harming them and held the local Superintendent of Police responsible for ensuring their safety.
The court further noted that social morality cannot dictate judicial decisions when no offence is made out under the law.
Together, the two rulings put spotlight on the evolving and somewhat unsettled legal position on live-in relationships involving married individuals. While one bench prioritised the legal sanctity of marriage and spousal rights, the other stressed individual autonomy and the absence of a specific criminal offence in consensual relationships between adults.
Source: India Today