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Rajasthan High Court: living with somebody else's spouse is an immoral act, a seal of approval can't be given by ordering police protection

Team SoOLEGAL 9 Dec 2020 3:19pm

Rajasthan High Court: living with somebody else's spouse is an immoral act, a seal of approval can't be given by ordering police protection

On 6th December, 2020 Rajasthan high court (Jaipur Bench) while hearing the case Vakeela and Another v. State Of Rajasthan and others [S.B. Criminal Miscellaneous (Petition) No. 4271/2020], Justice Sanjeev Prakash Sharma dismissed a plea seeking police protection and said that a married person cannot stay in a live-in relationship with somebody else’s spouse. This is an immoral act and no court can approve this, hence no police protection can be granted.

Petitioner 1(Vakeela) is the wife of Respondent no. 5, Talim and Petitioner no. 2(Umardeen Khan) is also a married person. Umardeen Khan(Petitioner 2) and Vakeela(Petitioner 1) had produced all the necessary documents to the court but failed to prove their valid “nikaah”. The court found that there was no “nikaah” that took place but only “nikahnama” happened between the couple on a stamp paper worth Rs. 500/- without any religious wedding before a “Mutwali” or a “Nutfah” read by any “Mulvi”. The “Mulvi” (priest) had signed in the nikahnama where it was mentioned that the petitioners were staying in a live-in relationship.

The court said that no married muslim woman can remarry unless she has been divorced from her first marriage.

Rajasthan High Court has directed Petioner 1 and Petitioner 2 to deposit an amount of Rs. 10,000/- within a period of 30 days else necessary actions will be taken by the concerned authority if they fail to do so. 



Tagged: Rajasthan High Court   immoral act   Jaipur Bench   Justice Sanjeev Prakash Sharma   divorce cases  
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