Islam does not permit cohabitation with a married Muslim: Allahabad High Court

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Allahabad High Court

HAPPINESS: The Lucknow Bench of the Allahabad High Court has ruled that followers of Islam cannot enter into a civil marriage, especially if the wife is still alive.

“Islamic principles do not allow cohabitation during marriage. The situation could have been different if both of them were not married and the adults decided to live their lives in their own way,” said the board. A bench comprising Justice A.R. Masudi and judges A.K. Shrivastava disagreed with this comment. Petitioners Sneha Devi and Mohammad Shatab Khan from Bahraich district of UP should be given police protection.

Allahabad High Court

The plaintiffs claimed they were living in a common-law marriage, but the girl’s parents filed a case against Khan for abducting their daughter and forcing her to marry him.

The applicants requested police protection on the grounds that they are adults and can live in a common house in accordance with the order of the Supreme Court. During the hearing, the board found that Khan is already married (Farida Khatoon in 2020) and has a daughter.

In view of this fact, the court refused to provide him with police protection, referring to the court decision allowing cohabitation. Instead, the court held that Islam does not permit such relationships, especially in the circumstances of this case.

The judges ordered the police to send the petitioner Sinekadevi for investigation, as constitutional morality and social morality must be reconciled in the matter of the institution of marriage, otherwise social cohesion will harm the achievement of peace and tranquility in society. His parents are in custody.

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