The Lucknow bench of the Allahabad High Court asserted that Muslims cannot assert rights in a live-in relationship if they already have a living spouse, as such arrangements are not sanctioned under Islamic principles. Justices AR Masoodi and AK Srivastava-I made this declaration during the hearing of a writ petition filed by Sneha Devi and Mohd Shadab Khan. The couple sought protection from potential legal action after Devi’s parents lodged a kidnapping complaint against Khan, alleging that he coerced her into marrying him. The court directed Devi to be sent back to her parents under security measures.
Devi and Khan claimed to be in a live-in relationship, arguing that, as adults, they had the right to cohabit freely as recognized by the Supreme Court. However, the bench emphasized that Islamic doctrine does not endorse live-in relationships when one is already married. It suggested that the situation might differ if the individuals were unmarried and of legal age, choosing to live together by their own volition.
Upon investigation, it was revealed that Khan was married to Farida Khatoon, with whom he had a child. The court underscored the importance of balancing constitutional and social morals regarding marital institutions to maintain societal harmony. It declined to issue an order regarding the couple’s protection, citing the need to uphold customary norms and practices.
While Article 21 of the Constitution guarantees the right to life and personal liberty, the court noted that this protection does not unconditionally extend to relationships conflicting with established customs and traditions. The bench emphasized that constitutional protections may supersede societal norms in certain cases but asserted that this did not apply in the present circumstances, where the couple’s relationship contravened prevailing customs.
