'Muslim Law Doesn't Recognise Pre-Marital Sex; Fornification An Offence Under Quran': Allahabad HC Denies Relief To Interfaith Live-In Couple

"The Observations of the Supreme Court as aforesaid however cannot be considered to promote such relationships. Law traditionally has been biased in favour of marriage. It reserves many rights and privileges to married persons to preserve and encourage the institution of marriage. the Supreme Court is simply accepting a social reality and it has no intention to unravel the fabric of Indian family life"

The Court added as to how the Supreme Court has, on several occasions, observed that section 125 CrPC is not meant for granting of maintenance to the "other woman", where a man, having a living lawfully wedded wife, either marries for a second time or starts living with a concubine. The Court also noted that the Top Court has refused to extend the meaning of the word wife as denoted in section 125 of the CrPC to include such live-in partners for maintenance claims.

In its order, the Court also emphasised the need to create awareness in young minds regarding the emotional and societal pressures and legal hassles which may be created by live-in relations.

"Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that such relationships may create, but also from the perspective that it could give rise to various legal hassles on issues like division of property, violence and cheating within live-in relationships, rehabilitation in case of desertion by or death of a partner and handling of custody and other issues when it comes to children born from such relationships. Partners in a live-in relationship do not enjoy an automatic right of inheritance to the property of their partner."

Against this backdrop, adverting to the facts of the instant case, the Court, while noting that the petitioners, in their plea, have only alleged that they being major are entitled to live with whomsoever they like and the mother of petitioner No.1 is unhappy with this relationship, observed thus:

"Writ jurisdiction being extraordinary jurisdiction is not made to resolve such type of dispute between two private parties. We believe that it is a social problem which can be uprooted socially and not by the intervention of the Writ Court in the garb of violation of Article 21 of the Constitution of India unless harassment is established beyond doubt."

The Court further opined that if there is any real grievance of a live-in couple against their parents or relatives, who are allegedly interfering with their live-in status which goes to such an extent that there is a threat of life, they are at liberty to lodge an FIR under Section 154 (1) or Section 154 (3) CrPC, with the Police, move an application under section 156 (3) CrPC before the competent Court or file a complaint case under Section 200 CrPC.