The Allahabad High Court on Friday ruled that a married man cannot be prosecuted for being in a consensual, live-in relationship with an adult woman.
The court was hearing a criminal writ petition filed by a couple from Uttar Pradesh’s Shahjahanpur in such a relationship.
The Allahabad HC highlighted the separation of ‘morality’ and the law, noting that in the latter’s book, no prima facie offence seemed to have been committed by the man.
The court’s actions to protect citizens’ rights cannot be decided by social opinion or morality, it said, further directing authorities not to arrest the couple. It urged restraint from all members of the female petitioner’s family from causing any harm to the couple.
The next hearing will be held on April 8.
What Is The Case?
The petition was filed by a couple, Anamika and Netrapal. According to a report by NDTV, on January 8, 2026, Anamika’s mother — Kanti — filed a police case at Shahjahanpur’s Jaitipur Police Station, alleging Netrapal had ‘enticed’ her daughter to move away with him.
She claimed another man, named Dharmpal, had assisted him in the act. Accordingly, a case was filed under Section 87 of the Bharatiya Nyay Sanhita (BNS).
Following this, the couple challenged the case in the Allahabad High Court, requesting protection from the court.
It was argued that they are both adults and are currently in a live-in relationship. From Anamika’s mother’s side, the court was told that Netrapal is a married man and, therefore, cohabiting with another woman was a crime on his part, the report said.
However, during the hearing, the court rejected the petitioner’s mother’s claim, asserting there’s no criminal offence under which Netrapal could be prosecuted.
