The Delhi High Court has recently ruled that a live-in arrangement between two consenting adults, who are already married to different partners, might be viewed unfavourably by some segments of society, but it does not constitute a criminal offense.
In a decision delivered on September 13, Justice Swarana Kanta Sharma stated, ‘Morality, unless enshrined in the law, cannot be enforced by legal means. Likewise, acts considered immoral cannot be subject to legal punishment unless explicitly addressed by legislation.’
This perspective from the court emerged during the consideration of a plea made by a married man who sought to have a First Information Report (FIR) for rape, filed against him by his live-in partner, quashed. The live-in partner, who is herself married to another individual, accused the man of engaging in sexual relations with her under the false pretext of marriage.
The judge noted that this case involved two married individuals who willingly entered into a sexual relationship, fully aware that they were ineligible to marry each other. Justice Sharma emphasised that since the live-in partner was not legally entitled to marry someone else due to her existing marital status, she could not assert that she had been coerced into a sexual relationship under the guise of marriage.