The Lucknow bench of Allahabad High Court recently rendered a verdict asserting that adherence to Islamic principles precludes individuals from engaging in live-in relationships, particularly when a spouse is still alive.
According to the bench comprising Justice A.R. Masoodi and Justice A.K. Srivastava, Islamic doctrine forbids live-in relationships while a marriage is in existence. They, however, clarified that the stand may be different if the two persons are unmarried and choose to live together as consenting adults.
The order came on a plea filed by Sneha Devi and Mohd Shadab Khan of Bahraich district, seeking police protection. The couple claimed to be in a live-in relationship, but Devi's parents filed a First Information Report (FIR) against Khan, accusing him of kidnapping and coercing their daughter into marriage.
Citing a Supreme Court ruling that upholds the rights of adults to engage in live-in relationships, the petitioners argued for police protection. However, upon investigation, the bench discovered that Khan had been married to Farida Khatoon since 2020 and had a daughter.
In light of these revelations, the court denied police protection to Khan, saying this conflicted with Islamic principles, particularly in the case at hand. Balancing constitutional and social morality regarding marriage, the bench underlined the importance of social cohesion for fostering peace and tranquility in society.
The bench said that at times, constitutional morality overrides the traditional social norms, but this case was not such an occasion. The court directed that the police ensure the safe return of Devi to her parents under security measures.
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