The Allahabad high court made it clear that a live in relationship between adults who are of the age of consent is not a crime offence. The court observed this when addressing a case that was related to a married man who was having an extra-marital affair. It wrote that such an action can provoke ethical issues, but it does not necessarily become the subject of criminal liability.
This decision centers on the difference between what is deemed as morally unacceptable and the one that is punishable by law.
Background of the Case
This issue was taken to vacuum after a legal action was taken against a gentleman over having a live-in relationship, although he was married. The issue that the court had to determine was that whether a type of relationship like this could be categorized as a crime.
The court looked at legal provisions and previous court ruling to establish whether any criminal law offence was committed.
Observation by Court of Law on Morality and Law.
The High Court noted that, morality and law are not the same things. It indicated that a court could not punish a person simply because their actions are morally wrong before the society. Criminal liability is only forthcoming where a particular act is set by a certain law as an offence.
This concept is applicable to guarantee that social norms or ones own beliefs do not affect criminal law.
Legal Standpoint on Live-in Relationships.
Indian courts have documented on many occasions that adults are entitled to have a right to cohabit without getting married. Live-in relationships are said to be legal as long as the relationship is between consenting adults and does not contravene any law in the statute.
The court reiterated that even these kinds of relationships are under the jurisdiction of personal liberty that is guarded in the Constitution itself.
Adultery Decriminalisation Effect.
The decision has also been in line with the legal stand that adultery is no longer a criminal offence in India. It can not be criminalised, even in cases of marital conflict, as it may be having implications.
The emergence of this has affected the way courts deal with cases that are not related to marriage.
Importance of the Judgment.
The case supports the fact that moral standards are not enforceable through criminal law. It points to the fact that even personal relationships, although controversial, can be considered legally in terms of violating certain laws only.
The case adds to the changing legal concept of personal liberty and the boundaries of the criminal law in India.
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