Lucknow. The Lucknow bench of the Allahabad High Court said in an important decision that no Muslim man can claim the right to live in a ‘live-in relationship’ with his wife. The court also said that Islam does not allow such relationships. This order was given by the division bench of Justice AR Masoodi and Justice AK Srivastava I on a writ petition filed by Sneha Devi and Mohammad Shadab Khan. In the petition, both of them had requested to cancel the FIR registered in this case and to provide security while they are in a ‘live-in relationship’.
In its order, the court said that customs and traditions are equal sources of law and Article 21 of the Constitution does not recognize the right to a relationship which is restricted by customs and traditions. With these comments, the court ordered the police to return Sneha Devi to her parents under security.
The petitioners said that they are adults and are living in a ‘live-in relationship’ of their own free will. Despite this, the girl’s brother has lodged an FIR at Visheshwarganj police station in Bahraich alleging kidnapping. The petition challenged the said FIR and also requested to pass an order not to interfere in the peaceful life of the petitioners.
During the hearing, it came to light before the court that Shadab got married to Farida Khatoon in 2020 with whom he also has a daughter. Farida is currently living with her parents in Mumbai.
After considering the facts of the case, the court held that Article 21 of the Constitution does not provide the right to protection in cases where customs and usages prohibit persons of different faith from doing any act because Article 13 of the Constitution The law also recognizes customs and traditions. The court said that since Islam does not allow a married Muslim person to live in a live-in relationship, the petitioners have no right to any security while living in a live-in relationship.
The court said that there is a need to create harmony between constitutional morality and social morality so that peace can be maintained in the society and the social fabric can be maintained.
Tags: Lucknow news, UP news
FIRST PUBLISHED: May 9, 2024, 01:05 IST