Islam Followers Cannot Claim Right To Live-In Relationship: Allahabad High Court On Married Muslim Man Living With Hindu Woman

The Allahabad High Court ruled that a person following Islam cannot claim the right to a live-in relationship, especially when one is already married.

A division bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava suggested that when our Constitution recognises customs and usages as valid law, then they have to be enforced.

"A person reposing faith in Islam cannot claim any rights in the nature of a live-in relationship, particularly when he has a living spouse," the Court was quoted as saying by Bar and Bench.

It was hearing a petition seeking the quashing of a kidnapping case against a Muslim man, who was married to a Muslim woman with a five-year-old daughter but was living with a Hindu woman.

The Muslim man sought non-interference in the relationship of the Hindu-Muslim couple. However, the court noted that Islam "does not permit live-in-relationship during the subsisting marriage."  

Considering the rights of the Muslim man's wife and the interests of his minor child, the court did not grant him continuation of the live-in relationship with the Hindu woman.

The court emphasised the need to balance constitutional morality and social morality in the "matter of marriage institution" to maintain social coherence, peace and tranquility in the society.