Married Muslims Cannot Claim Live-In Relationship Right As Islam Does Not Allow It: Allahabad Court (image@Pixabay)

Allahabad High Court ruled that Muslim married individuals cannot claim the rights to have a live-in relationship. The court said that “Islamic tenets do not permit” such relationships while the spouse is still alive. The court also added that the issue might be different for two people who are unmarried and the chose to live their lives in their own way.

A two-judge bench of Justices AR Masoodi and AK Srivastava was hearing a writ petition by a couple — Sneha Devi and Mohammed Shadab Khan, who sought protection from police after the woman”s family filed a complaint that she had been kidnapped by Khan, as reported by PTI.

The couple sought protection under the Article 21 of the constitution which speaks of the protection of life and personal liberty. The couple said that as adults they were free to reside together in a live-in relationship as per the norms laid down by the Supreme Court. However, upon the inquiry, the bench learnt that Khan had been married since 2020 and have a baby with his wife.

The Allahabad court said, “Islamic tenets do not permit live-in relationships during an existing marriage. The position may be different if the two people are unmarried and the parties being majors chose to lead their lives in a way of their own”. It also said that 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 constitutional morality and protection under Article 21 of the Constitution of India may step in to protect the cause, but the case before them is different.

It further added that the “constitutional protection under Article 21 of the Constitution of India would not lend un-canalised support to such a right, because the usages and customs prohibit such a relationship between two individuals of different faiths”.

(With inputs from PTI)