married-muslims-cannot-pursue-live-in-relationships-allahabad-hc-rules

The Lucknow bench of the Allahabad High Court delivered a significant ruling on Wednesday, asserting that Muslims cannot claim rights in a live-in relationship, citing religious tenets. This declaration came during the adjudication of a writ petition filed by Sneha Devi and Mohd Shadab Khan.

Justices AR Masoodi and AK Srivastava of the Lucknow bench made the observation, emphasising that Islam does not permit such relationships.

The petitioners, residents of Bahraich district in Uttar Pradesh, sought protection under Article 21 from police action initiated by the woman's parents, who accused Khan of kidnapping and marrying their daughter despite her being in a live-in relationship with him.

The bench, upon investigation, discovered that Khan was already married to Farida Khatoon since 2020, with whom he had a five-year-old child. Consequently, the court refused to grant any relief to the petitioners and instructed the investigating officer to safely escort the woman back to her parental home, submitting a report to the court upon completion.

The court's stance was clear: Islamic principles do not sanction live-in relationships during existing marriages. However, it noted that the scenario might differ if the individuals involved are unmarried and of legal age, choosing to cohabit at their discretion.

The bench underscored the importance of balancing constitutional and social morality within the institution of marriage to uphold societal peace and harmony.

It emphasised that while Article 21 of the Indian Constitution guarantees fundamental rights, it does not unconditionally support rights that contravene established customs and practices, particularly when individuals belong to different faiths.

This ruling by the Allahabad High Court's Lucknow bench sheds light on the delicate balance between individual freedoms and societal norms, emphasising the need for harmonising constitutional principles with cultural and religious beliefs to maintain social cohesion and stability.