Not a crime if consenting married adults are in a live-in relationship: Delhi High Court

The High Court has recently held that a live-in relationship between two consenting adults married to different partners may be considered undesirable by a section of society but is not a criminal offence.

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The Delhi High Court has recently held that a live-in relationship between two consenting adults, married to different partners, may be considered undesirable by a section of society but it is not a criminal offence.

Justice Swarana Kanta Sharma, in her order on September 13, said, “Morality, unless provided by law, cannot be implemented through law. Similarly, immorality cannot be punished by law unless provided by a statute.”

The court’s observation came while hearing a plea by a married man seeking to quash an FIR for rape registered in October last year by his live-in partner, married to someone else, accusing the man of establishing sexual relations with her on the pretext of marriage.

Justice Sharma noted that the case involved two married individuals who consented to a sexual relationship despite knowing that they were ineligible to get married to each other.

The judge said as the live-in partner herself was not legally eligible to marry someone else due to her existing marriage, she could not claim to have been induced into a sexual relationship on the pretext of marriage.