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Hindu-Muslim Live-In Couple | “It Is Haram In Islam. Quran Punishes Premarital Sex by Lashes or Death”: Allahabad HC Denies Relief

Allahabad High Court denies relief to a Hindu-Muslim live-in couple, citing Quran punishment for premarital sex and stating such relationships are haram in Islam and legally questionable.

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Hindu-Muslim Live-In Couple | "It Is Haram In Islam. Quran Punishes Premarital Sex by Lashes or Death": Allahabad HC Denies Relief

ALLAHABAD: In a notable judgment dated July 29, 2025, the Allahabad High Court delivered a strong message concerning the legal limits of live-in relationships, particularly when intertwined with interfaith unions and alleged misuse of personal laws.

A Hindu-Muslim couple approached the court seeking protection and quashing of a First Information Report (FIR) filed under the Bharatiya Nyaya Sanhita (BNS) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, alleging harassment by the woman’s father.

The petitioners claimed to be consenting adults in a live-in relationship, asserting that their union was voluntary and based on mutual affection. However, they alleged police harassment and criminal proceedings initiated at the behest of the woman’s father, who disapproved of the interfaith relationship.

Court’s Observations

While live-in relationships are not illegal in India, the bench comprising Justices Sangeeta Chandra and Brij Raj Singh highlighted that such arrangements cannot be used as a legal shortcut to circumvent laws governing marriage, religious conversion, or morality.

The court observed that there has been a rising trend of interfaith couples entering live-in relationships to bypass the stringent provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, which regulates religious conversions associated with marriage.

Interestingly, the court referenced Islamic jurisprudence while dealing with the case. It cited the Quran (Chapter 24) and the Islamic concept of Zina, which categorically forbids premarital and extramarital sexual relations. The Quranic prescription of 100 lashes for fornication and stoning to death for married offenders was acknowledged by the court as part of the moral framework within Muslim personal law.

Even acts such as kissing or intimate gazes before marriage were mentioned as haram (forbidden) under Islamic tenets, further underscoring the court’s emphasis on the sanctity of marriage in religious and legal contexts.

The bench did not find sufficient evidence to regard the couple’s arrangement as a bona fide live-in relationship. There was no proof of long-term cohabitation, shared finances, or social recognition as partners.

Citing precedents such as Lata Singh v. State of U.P. and S. Khushboo v. Kanniammal, the court clarified that while these judgments protected adult consensual relationships, they must be interpreted within their factual boundaries and not as blanket endorsements of all live-in partnerships.

The court expressed concern over young individuals engaging in such relationships without comprehending the emotional, legal, or social consequences. It noted that marriage remains the preferred legal institution, with several rights, such as inheritance and maintenance, unavailable to live-in partners.

The court refused to quash the FIR, holding that it disclosed cognizable offences and therefore warranted investigation. The court reiterated its reluctance to interfere in matters where legal and factual foundations were weak.

Appearance:
Petitioner:- Paritosh Shukla, Sukh Deo Singh
Respondent:- G.A.

Case Title:
Aleem Ahmad (In Fir Aleem) and Others vs. State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others
CRIMINAL MISC. WRIT PETITION No. – 6842 of 2025

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