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Grants Interim Protection to Live-in Couple, Says Law Cannot Be Guided by Morality: Allahabad High Court

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Allahabad High Court protects live-in couple from arrest and family threats, stating that morality cannot override law when consenting adults choose to live together.

Grants Interim Protection to Live-in Couple, Says Law Cannot Be Guided by Morality: Allahabad High Court
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The Allahabad High Court granted interim protection to a young couple living together, observing that courts cannot act on social morality when no legal offence is made out.

The matter, Anamika and another vs State of U.P. and 3 others, was heard by a bench of Justice J.J. Munir and Justice Tarun Saxena.

The petitioners, both adults, approached the court claiming threats to their life. The woman, aged 18, stated she was living with the second petitioner of her own free will in a live-in relationship.

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An FIR had been lodged by her mother, alleging that she had been taken away by inducement. During the hearing, it was also pointed out that the man is married, raising objections from the family’s side.

The bench drew a clear line between law and personal morality. It held that even if social disapproval exists, courts must act strictly within the framework of law.

“The Court cannot be guided by social opinions or morality where no offence is made out,” the judges observed.

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Addressing the argument about the man being married, the court noted that there is no specific offence attracted merely because a married man is in a consensual live-in relationship with an adult woman.

The judges also took note of the woman’s complaint to the police, where she expressed fear of harm from her family, including possible honour-based violence. Despite this, no effective action had been taken.

Referring to Shakti Vahini v. Union of India, the court reiterated that authorities are duty-bound to protect consenting adults facing such threats.

After finding a prima facie case, the High Court admitted the petition and issued notice to the respondents, granting them time to file replies.

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As an interim measure, the court directed that the petitioners shall not be arrested in connection with Case Crime No. 4 of 2026 under Section 87 of the Bharatiya Nyaya Sanhita, 2023.

The court also issued a set of protective directions to ensure the safety of the couple. It restrained the woman’s family members from causing any harm or attempting to contact the couple in any manner, whether directly or indirectly.

Further, the Superintendent of Police, Shahjahanpur, was made personally responsible for safeguarding the lives and liberty of the petitioners. The court also directed that the order be promptly communicated and implemented, requiring the concerned authorities to act within 24 hours.

Case Details

Case Title: Anamika and another vs State of U.P. and 3 others

Case Number: Criminal Misc. Writ Petition No. 3799 of 2026

Court: Allahabad High Court

Judges: Justice J.J. Munir, Justice Tarun Saxena

Decision Date: March 25, 2026

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