Muslim men can not be in live-in relationships for THIS reason, says Allahabad HC

New Delhi:  Allahabad High Court has ruled that a Muslim man cannot claim the right to a live-in relationship, especially when he is already married. This decision highlights the complex interplay between religious law, social customs, and individual rights in India.

Balancing constitutional and social morality

The Court emphasized the need to balance "constitutional morality" and "social morality" when it comes to marriage. Allowing the live-in relationship, the Court argued, would disregard the established customs and potentially disrupt social order.

Religious law takes precedence

The Court cited the man's religion, Islam, which does not permit live-in relationships during a subsisting marriage. This reinforces the notion that personal laws hold weight in determining marital rights and obligations.

Live-in relationship option exists for unmarried couples

The Court acknowledged that unmarried couples may choose to live together, and their right to do so could be protected under Article 21 of the Constitution (guaranteeing Right to Life and Liberty). However, this was deemed inapplicable in this case due to the existing marriage and child.

Wife's rights and child's welfare upheld

The Court prioritized the existing wife's rights and the well-being of the minor child. The live-in relationship, they argued, could jeopardize both.

Misrepresentation of facts leads to further inquiry

The Court discovered inconsistencies in the man's claims about his wife's whereabouts, suggesting a potential attempt to mislead the court. This led to further investigation into the matter.

Protected by the Constitution

This case underscores the multifaceted nature of live-in relationships in India. While the Constitution offers some protection, religious laws and social customs play a significant role. This decision clarifies that such relationships are not automatically recognized for married individuals governed by certain religious laws.