Adeeva And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 34646 ALL

Allahabad High Court

Adeeva And Another vs State Of U.P. And 3 Others on 11 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:234507
 
Court No. - 85
 

 
Case :- WRIT - C No. - 38484 of 2023
 

 
Petitioner :- Adeeva And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Manvendra Singh
 
Counsel for Respondent :- CSC
 

 
Hon'ble Mayank Kumar Jain,J.
 

1. Heard learned counsel for the petitioners, Mr. Ashwani Kumar Tripathi, learned A.C.S.C. for the State and perused the record.

2. The present writ petition has been filed with following main relief:-

"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in live in relationship life of the petitioners.

(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 to 3 to provide adequate safety and security to the petitioners so that they may peacefully lead their life."

3. It is submitted by learned counsel for the petitioners that both the petitioners are major and living together in relationship. It is also submitted that an application has been given to police authority for protection but no action was taken.

4. Per contra, learned Standing Counsel has submitted that petitioner No. 1 is Muslim while petitioner No. 2 is Hindu by religion, therefore no protection for live-in-relationship is granted.

5. Sri Ashwini Kumar Tripathi, learned A.C.S.C. submitted that this matter is squarely covered by judgement of this Court passed in Criminal Misc. Writ Petition No. 3310 of 2023, Kiran Rawat And Another Vs. State of U.P. Thru. Secy. Home, Lko. And Others, reported in 2023 SCC Online All 323. Learned A.C.S.C. has placed reliance on paragraph-21 of the aforesaid judgment which reads as follows:-

"21. However, in Muslim law no recognition can be given to sex outside marriage. "Zina" which has been defined as any sexual intercourse except that between husband and wife includes both extramarital sex and premarital sex and is often translated as fornication in English. Such premarital sex is not permissible in Islam. In fact any sexual, lustful, affectionate acts such as kissing, touching, staring etc. are "Haram" in Islam before marriage because these are considered parts of "Zina" which may lead to actual "Zina" itself. The punishment for such offence according to Quran (chapter 24) is hundred lashes for the unmarried male and female who commit fornication together with the punishment prescribed by the "Sunnah" for the married male and female that is stoning to death." It is observed that in muslim law live-in-relationship is not permitted. At one hand this fact is brought on record by petitioner No. 1 in statement recorded under section 164 Cr.P.C. that she had performed court marriage with the petitioner No. 2 on the other hand present petition has been filed seeking protection against live in relationship.

6. In view of the observation made in Kiran Rawat vs. State of U.P. (Supra), the present writ petition does not deserve to be allowed. Therefore, the writ petition is dismissed.

Order Date :- 11.12.2023

SY