'Married Muslims cannot live-in': HC bench in Lucknow rules against man's wish to live with girlfriend

In a significant ruling, a Lucknow bench of the Allahabad High Court has declared that muslims cannot engage in a live-in relationship, especially if they are already married.

“The Islamic principles do not permit live-in relationships while the marriage is still valid. The situation may differ if both individuals are unmarried adults and voluntarily choose to cohabit,” stated the bench.

Refusing to grant police protection to petitioners Sneha Devi and Mohd Shadab Khan from Uttar Pradesh’s Bahraich district, Justices AR Masoodi and AK Srivastava cited Islamic law to support their decision. The petitioners sought protection after the woman’s parents filed an FIR against Khan for allegedly kidnapping and persuading their daughter into marriage.

Upon investigation, the court discovered that Khan was already married to Farida Khatoon since 2020 and had a daughter. Taking this into account, the bench declined to provide police protection, asserting that Islam prohibits such relationships, particularly in the circumstances of this case.

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Highlighting the need to balance constitutional and social morality in matters of marriage, the bench underscored the importance of maintaining social harmony and tranquility in society.

While acknowledging that constitutional morality may sometimes supersede social customs, the bench clarified that the present case did not warrant such intervention.

“The constitutional protection under Article 21 of the Constitution of India cannot unconditionally support such a right when customs and traditions prohibit such relationships between individuals of different faiths,” remarked the bench.

Subsequently, the court directed the police to ensure Sneha Devi’s safe return to her parents’ custody under security measures.