Chanda Chaudhry and Another v. State of U.P. and 3 Others

Court No. - 85 Case :- WRIT - C No. - 37834 of 2023 Petitioner :- Chanda Chaudhry And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shakeel Ahmad Azmi Counsel for Respondent :- C.S.C. Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.

¶2The 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 protect to petitioners in live to relationship life (Matrimonial life) as husband and wife and also provided protection from the respondents according to rule and regulation in both are majority age."

¶3It 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.

¶5Per contra, learned Standing Counsel has submitted that petitioner No. 1 is a Hindu lady and the petitioner No. 2 is a Muslim by religion. Since they are living together in live-in-relationship therefore no protection for live-in-relationship is granted.

¶6Sri 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.

¶7In 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 :- 6.12.2023 SY High Court of Judicature at Allahabad High Court of Judicature at Allahabad