In a petition filed before the Allahabad High Court by two adults staying in a live-in relationship, a Division Bench of Justice J.J. Munir and Justice Tarun Saxena granted interim protection from arrest to the couple and restrained the family members of petitioner 1 from causing harm to the parties or from contacting them directly/indirectly.
Petitioner 1 was a major as per the First Information Report, however the informant stated that she was taken away after being coaxed by petitioner 2. It was argued before the Court that petitioner 2 was a married man and hence, it was an offence for him to stay with another woman.
The Court said that when a married man stays with an adult in a live-in relationship with the consent of such adult, he cannot be prosecuted for any offence. It was stated that if there is no offence under the law, social opinion and morality would not guide the Court in protecting citizens’ rights.
It was noted that petitioner 1 had filed an application with the Superintendent of Police, Shahjahanpur, stating that she was an adult and was staying with petitioner 2 of her own free will. The Court also noted that petitioner 1’s parents and other family members were averse to their marriage, while also having threatened them with death as well as honour killing. It was found that no action had been taken by the police.
The Court referred to the Supreme Court’s decision in Shakti Vahini v. Union of India & Ors. (2018) 7 SCC 192 and stated that it is the duty of the police to protect two adults living together. The Court found that a prima facie case had been made out and granted the respondents two weeks to file a counter-affidavit.
The Court directed that the petitioners were not to be arrested in a case registered against them under Section 87 of the Bharatiya Nyaya Sanhita, 2023 (BNS), until further orders. Further, the Court restrained respondent 4 and all family members of petitioner 1 from causing harm to the parties and directed them not to enter their matrimonial home or contact them directly/indirectly. The Superintendent of Police was held personally responsible for ensuring the petitioners’ safety and security.
The case was adjourned to 08-04-2026.
Appearances:
For Petitioners – Mr. Brajesh Kumar, Mr. Shahenshah Akhtar Khan
For Respondents – Mr. Ajay Kumar Mishra (GA), Mr. Sharangpani Vikramdhar Dwivedi
