A Division Bench rules that consensual adult cohabitation cannot be prosecuted under criminal law, drawing a firm line between legal provisions and social morality.
- Case Title : Anamika & Anr. v. State of U.P. & Ors.
- Court : Allahabad High Court (Division Bench)
- Judges : Justice J.J. Munir & Justice Tarun Saxena
- Provision : Section 87, Bharatiya Nyaya Sanhita (BNS), 2023
- District : Shahjahanpur, Uttar Pradesh
- Next Date: April 8, 2026
Court’s Reasoning
The Allahabad High Court has clarified that a married man living in a consensual live-in relationship with an adult woman does not commit any offence under Indian criminal law. The Division Bench drew a clear distinction between legal provisions and social morality, holding that consensual adult cohabitation cannot be prosecuted.
“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. Morality and law have to be kept apart.” — Division Bench
Case Background
- Petitioners Anamika (18) and Netrapal sought police protection and quashing of an FIR lodged by Anamika’s mother.
- The FIR, registered under Section 87 BNS, alleged Netrapal had “enticed” Anamika away.
- The family argued that Netrapal’s marital status made the arrangement unlawful.
- The Court rejected this, noting that no statutory provision criminalises consensual cohabitation between adults, irrespective of marital status.
Court’s Observations
- Consent is decisive: Anamika affirmed she is a major and living with Netrapal of her own free will.
- Threats of honour killing: She alleged her family threatened to kill her; police had failed to act.
- Police accountability: The Bench directed the Superintendent of Police, Shahjahanpur, to ensure the couple’s safety and held him personally responsible.
Interim Relief
- Petitioners protected from arrest.
- Family members restrained from harming, contacting, or interfering with the couple.
- State government issued notice; matter listed for April 8, 2026.
Why It Matters
- Reinforces the settled principle that live-in relationships between consenting adults are not illegal in India.
- Extends protection even to cases involving a married man, often clouded by moral scrutiny.
- Marks a shift from earlier Allahabad High Court rulings that treated such relationships with suspicion.
- Confirms that the ruling is confined to criminal liability, not moral endorsement.
Legal Context
- Section 87, BNS 2023: Penalises enticement of a woman for illicit intercourse.
- Court found no prima facie case against Netrapal, given Anamika’s clear consent.
- Detailed examination reserved for the next hearing.
This judgment strengthens the jurisprudence on live-in relationships, reaffirming that criminal law cannot be stretched to enforce social morality.
