The Allahabad High Court said that a person practicing Islam cannot claim to right to live-in relationship, especially when they already have a living spouse, reports Bar and Bench.
A division bench comprising Justoces Attau Rahman Masoodi and Ajai Kimar Srivastava said that marriages are governed by both statutory and personal laws, and customs are also given due significance.
“The customs and usages are an equal source of law recognized by the Constitution as the law made by the competent Legislature. Once there is a recognition of the customs and usages as a valid law within the framework of our Constitution, even such laws become enforceable in an appropriate case,” the Court said.
Therefore, the right to a live-in relationship cannot receive unbridled support under Article 21 if it contradicts prevailing customs and usages prohibiting such relationships.
The bench was hearing a plea seeking to quash a kidnapping case against a man and a direction to not interfere in the relationship of a Hindu-Muslim couple.
“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 said.
However, the court noted that the couple had previously petitioned for the protection of their liberty.
Meanwhile, upon review, it was revealed that the Muslim man was already married to a Muslim woman and had a five-year-old daughter. The court was informed that the man’s wife had no objections to his live-in relationship due to her health condition.
In the latest petition, it was revealed that the man had given his wife a triple talaq.
The court has now directed the police to bring the man’s wife to the court on April 29, and instructed both the man and his live-in partner to be present.
Subsequently, the court was informed of concerning details, including the revelation that the man’s wife was residing in Mumbai with her in-laws, contrary to claims made earlier.
The court observed that the petition seeking the annulment of the kidnapping case essentially sought to legitimize the live-in relationship between the Hindu woman and the Muslim man.
“This relief is sought in a situation where petitioner No.2 belonging to a different religion is already married and has a minor child of five years of age. The religious tenets to which the petitioner No.2 belongs to, does not permit live-in-relationship during the subsisting marriage,” the court said, as quoted by Bar and Bench.
