The Allahabad High Court has said Muslims cannot claim the right to
have a live-in relationship when they already have a spouse, according to a Bar
and Bench website.
The
court said the tenets of the religion did not permit live-in relationships
during an existing marriage. The decision is rooted in the recognition of
customs and usages alongside statutory and personal laws governing marital
conduct, said the website.
A division bench comprising Justice Attau Rahman
Masoodi and Justice Ajai Kumar Srivastava highlighted the importance of customs
and usages as valid legal frameworks within the constitutional framework of
India. According to the court, these customs and usages carry equal weight as
laws enacted by legislatures.
The
court said constitutional protection under Article 21 does not unconditionally
support the right to a live-in relationship if such arrangements are prohibited
by prevailing customs and usages within the community. Muslims cannot assert
the right to engage in live-in relationships when customs and usages prohibit
such unions, especially if they already have a living spouse.
Background
of case
The
High Court was hearing a petition seeking the quashing of a kidnapping case
against a man and a plea to refrain from intervening in the relationship of a
Hindu-Muslim couple.
The
court observed that the couple had previously petitioned for the protection of
their liberty. Upon examining the records, the court discovered that the Muslim
man was married to a Muslim woman and the couple had a five-year-old daughter.
In a later hearing, the man claimed that he had given triple talaq to his wife.
During
the hearing on April 29, the court directed the police to produce the man's
wife and requested both the man and his live-in partner to be present. However,
the court was informed the next day that the man's wife was residing in Mumbai
with her in-laws, contrary to the claims made by the man that she was in Uttar
Pradesh.
The
court noted that the petition seeking the quashing of the kidnapping case
essentially aimed to legitimise the live-in relationship between the Hindu
woman and the married Muslim man.
Acknowledging
the importance of constitutional morality and social norms, the court
emphasised that the continuation of the live-in relationship could not be
granted while considering the rights of the wife and the interests of the minor
child.
Consequently,
the court directed the police to escort the man's live-in partner to her
parents' home and submit a report on the matter. Additionally, the court raised
concerns about the concealment of material facts and listed the case for
further hearing on May 8.
The
petitioners were represented by advocates Dhananjai Kumar Tripathi, Devendra
Verma, Kajol, and Tanupriya, while advocate SP Singh represented the state, and
advocate Suyansh Kumar Pandey represented the complainant.