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The Punjab & Haryana High Court has recently observed that if a muslim girl marries a Hindu boy without converting into Hinduism from Islam, then the couple is entitled to cohabit in a live in relationship in the nature of marriage.

A Single Judge Bench of Arun Kumar Tyagi of Punjab & Haryana High Court directed the Superintendent of Police to offer protection to the Couple.

In the present matter, two petitioners, a muslim aged about 18 years & Hindu aged about 25 years who performed marriage on 15.01.2021 as per Hindu rites & ceremonies have approached this Court apprehending threat to their life & liberty. 

The petitioner’s Counsel submitted that they made a representation dated 05.02.2021 to the Superintendent of Police, Ambala City to seek necessary protection but since no action was taken so far, the petitioners prayed for issuance of directions in this regard. 

Thus, the Bench while relying on the judicial precedent of the Supreme Court in Nandakumar and another Vs. State of Kerala and others : 2018(2) RCR (Civil) 899 observed that the petitioners being major were entitled to live with the person & at a place of her own choice but in a live-in relationship in the nature of marriage. 

Further, the Court while disposing of the petition directed the Superintendent of Police, Ambala City to look into the grievances of the petitioners as set out in the petition and to take appropriate action for the protection of their life and liberty as may be warranted by the circumstances. It was also noted that, “However, it is clarified that in case any criminal case has been/is registered against petitioner No.2, then nothing in this order shall be construed as a bar for taking appropriate action by the police authorities against him in respect thereof in accordance with law.”

Case Title: Nasima & Another v. State of Haryana and Other

Access Copy of Judgment Here