‘We are proud of Indian culture; live-in relationship foreign concept’: Allahabad HC

The Allahabad High Court on Wednesday ordered that a Muslim girl be sent to Lucknow's Nariniktan despite her request to be with her Hindu live-in partner/husband.

Considering the uncertainty about the girl's exact age and her mother's claim that her minor daughter was forcibly taken away by Hindu men, the court found it appropriate to send the girl to Nari Niketan to prevent any potential problems. The HC also ordered radiological examination to ascertain her age.

The girl's mother has filed a habeas corpus petition claiming that her daughter was abducted and illegally detained by Hindu men. During the hearing on Tuesday, the mother claimed that she had tried to register a case against the man and applied to the Lucknow police commissioner on July 15, but no action was taken. In response, the court has ordered the police chief to appear in person on Wednesday.

The Commissioner appeared with the station house officer (SHO) concerned and apologized for the SHO's laxity. He also assured the court that he would personally monitor such cases and directed all SHOs in Lucknow to be alert.

Further, the SHO of Jankipuram police station told the court that he had been vigilant and tried to mediate between the parties. He noted that during the investigation, he found that the Muslim girl and the Hindu man were in a relationship and married, but the validity of the marriage agreement had not been confirmed.

He also told the court that despite the girl's request to go with her partner, he did not allow her because her age was unclear.

Additionally, the girl's mother argued in court that the alleged marriage agreement dated January 16, 2024, stated her daughter's birth date as January 1, 2000, which was impossible because her own marriage was held in 2002.

Judge Shamim Ahmed concluded that it was inappropriate to send the girl and the man together as they were not a legal couple and there was no evidence that their marriage agreement was valid.

“(Such a relationship) is not acceptable in society, we live in a Western country where this type of relationship is very popular and common among citizens. We live in a country where people believe in culture and tradition, which is the crown of our country, we Be proud of it and therefore, we must respect the tradition and culture of our country (sic),” the judge said.

Therefore, the HC sent the girl to Nari Niketan and directed the SHO of Jankipuram police station to take appropriate action against the Hindu man for forging documents.

The case will be heard on August 16 and the court will order the head of Nari Niketan to personally produce the girl.