In a recent development, the Lucknow bench of the Allahabad High Court has made a significant pronouncement regarding the permissibility of live-in relationships within the context of Islamic tenets.
The bench, comprising Justice A R Masoodi and Justice A K Srivastava, asserted that followers of Islam cannot engage in live-in relationships, particularly if one’s spouse is alive.
The bench emphasized, “The Islamic tenets do not permit live-in relationships during the subsisting marriage. However, if both parties are adults and unmarried, they may choose to lead their lives in a way of their own.”
Case So Far:
This verdict came in response to a plea from Sneha Devi and Mohd Shadab Khan, residents of Bahraich district, who claimed to be in a live-in relationship.
The petitioners sought police protection after Devi’s parents filed an FIR against Khan. They accused him of kidnapping and inducing their daughter into marriage. Upon investigation, it was revealed that Khan was already married to Farida Khatoon in 2020. He even had a daughter from that marriage.
Consequently, the court refused to grant police protection to Khan based on a Supreme Court order allowing live-in relationships.
The bench cited Islamic principles, highlighting that they do not sanction such relationships, especially in cases like the present one. The court stressed the importance of balancing constitutional morality and social morality within the institution of marriage.
It warned that failing to achieve this balance could lead to a deterioration of social coherence and hinder the pursuit of peace and tranquility in society.
“The constitutional morality may come to the rescue of such a couple and the social morality settled through the customs and usages over ages may give way to the 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 bench remarked.
As a result, the court directed the police to ensure the petitioner Sneha Devi’s safety by sending her back to her parents under security measures.
This decision underscores the complex interplay between religious beliefs, legal frameworks, and societal norms within the Indian judicial system.
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