The Lucknow bench of the Allahabad High Court has made a significant ruling, stating that Muslims cannot claim rights in a live-in relationship when they have a living spouse. According to the court, such relationships are not permitted under the tenets of Islam.
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The case came before the court when Sneha Devi and Mohd Shadab Khan sought protection from police action after the woman’s parents filed a kidnapping case against Khan. The couple claimed to be in a live-in relationship, but the woman’s parents accused Khan of kidnapping and inducing her to marry him. The court, however, declined to pass an order on the issue of protection of life and liberty, emphasizing that Islamic tenets do not permit live-in relationships during the subsisting marriage.
The court further highlighted the importance of balancing constitutional morality and social morality in matters concerning marriage institutions. It warned that failing to strike this balance could lead to the erosion of social coherence. While the couple sought protection under Article 21 (protection of life and personal liberty), the court clarified that constitutional morality might not always support such rights, especially when usages and customs prohibit such relationships between individuals of different faiths.
While the judgement doesn’t address live-in relationships for non-Muslims, it sparks a conversation about the legal recognition of such partnerships in the country.
In summary, the Allahabad High Court’s ruling underscores the legal complexities surrounding live-in relationships within the context of religious tenets and constitutional rights. As societal norms evolve, courts continue to grapple with striking a delicate balance between individual liberties and established customs.
Please note that this article is based on the recent court ruling and provides an overview of the key points. For more detailed information, you can refer to the original news sources here.3
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
