The Allahabad High Court's Lucknow bench on Wednesday observed that Muslims cannot claim the right to live-in relationship when they are married.
The court said that such a relationship is not permitted under the tenets of Islam.
They had claimed that they were in a live-in relationship but the woman's family filed an FIR against Khan alleging that he kidnapped their daughter and married her.
The petitioners also said they were adults and as per the apex court, they were free to reside together in a live-in relationship.
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The Allahabad High Court's Lucknow bench on Wednesday observed that Muslims cannot claim the right to live-in relationship when they are married.
The court said that such a relationship is not permitted under the tenets of Islam.
The observation was made by the Lucknow bench of Justice AR Masoodi and Justice AK Srivastava while hearing the writ petition of Sneha Devi and Mohammad Shadab Khan, residents of Bahraich district of Uttar Pradesh.
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Sneha and Khan had sought protection from police action under Article 21 (protection of life and personal liberty) after the woman's parents filed a case. They had claimed that they were in a live-in relationship but the woman's family filed an FIR against Khan alleging that he kidnapped their daughter and married her.
The petitioners also said they were adults and as per the apex court, they were free to reside together in a live-in relationship.
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However, during inquiry, the bench got to know that Khan was married to Farida Khatoon in 2020 and the couple had a five-year-old child.
According to Live Law, the court also refused to give any relief to petitioners, and directed the investigating officer to escort the girl safely to her parental home and submit a report to the court of her being handed over to her parents.
"Islamic tenets do not permit live-in relationships during the subsisting marriage. The position may be different if the two persons are unmarried and the parties being major choose to lead their lives in a way of their own," reported PTI quoting the bench said.
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“The constitutional morality and social morality in the matter of marriage institution requires to be balanced failing which social coherence for achieving the object of peace and tranquility in the society would fade and disappear," Live Law quoted the bench as saying.
"The constitutional protection under Article 21 of the Constitution of India would not lend an un-canalised support to such a right, once the usages and customs prohibit such a relationship between the two individuals of different faiths," the bench added.
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