The Aryavarth Express
Agency (Allahabad): The Lucknow bench of the Allahabad High Court ruled on Wednesday that Muslims cannot claim rights in a live-in relationship while having a living spouse, as such relationships are not permitted under Islamic tenets. The bench, comprising Justices AR Masoodi and AK Srivastava-I, made this observation during the hearing of a writ petition filed by Sneha Devi and Mohd Shadab Khan, who sought protection from police action after the woman’s parents filed a kidnapping case against Khan.
The petitioners claimed to be in a live-in relationship, but the woman’s parents lodged a police complaint accusing Khan of kidnapping and inducing her to marry him. They also sought protection for their lives and liberty, asserting that as adults, they were free to reside together in a live-in relationship as per a Supreme Court ruling.
The court, however, stated, “Islamic tenets do not permit live-in relationships during a subsisting marriage. The position may be different if the two persons are unmarried and the parties, being major, choose to lead their lives in their own way.” The bench declined to pass an order on the protection of life and liberty and directed that Sneha Devi be sent to her parents under security.
Upon inquiry, the court learned that Khan was married to Farida Khatoon in 2020 and the couple had a child. The court emphasized the need to balance constitutional and social morality regarding marriage institutions to maintain social coherence and peace. The bench noted, “The constitutional morality may come to the rescue of such a couple, and the social morality settled through customs and usages over ages may give way to constitutional morality and protection under Article 21 of the Constitution of India may step in to protect the cause. The case before us is, however, different.”
The court clarified that constitutional protection under Article 21 (protection of life and personal liberty) would not support a right that contravenes established customs and usages, particularly in interfaith relationships where one party is already married.
This ruling underscores the complexity of balancing personal freedoms with religious and social norms in contemporary India, highlighting the judiciary’s role in navigating these nuanced issues.
