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इलाहाबाद उच्च न्यायालय ने विवाहित मुस्लिम को अविवाहित हिंदू के साथ लिव-इन रिलेशनशिप में रहने से रोक दिया है

अभूतपूर्व फैसला: इस्लामी कानून बनाम लिव-इन रिलेशनशिप

इस्लामिक कानून और समसामयिक सामाजिक प्रथाओं के अंतर्संबंध को उजागर करने वाले एक महत्वपूर्ण फैसले में, इलाहाबाद उच्च न्यायालय की लखनऊ पीठ ने एक महत्वपूर्ण मिसाल कायम की है: मुस्लिम लिव-इन रिलेशनशिप में भाग नहीं ले सकते हैं, खासकर जब पहले से ही शादीशुदा हों।

और पढ़ें: स्थायी प्रेम की कुंजी: एक खुशहाल रिश्ते के 15 रहस्य

इस्लामी सिद्धांत: लिव-इन व्यवस्था में बाधा

अपने निर्णय के आधार के रूप में इस्लामी सिद्धांतों का हवाला देते हुए, न्यायमूर्ति एआर मसूदी और एके श्रीवास्तव ने स्पष्ट किया कि इस्लामी कानून स्पष्ट रूप से व्यक्तियों को लिव-इन रिलेशनशिप में शामिल होने से रोकता है, जबकि उनकी शादी कानूनी रूप से वैध है। हालाँकि, पीठ ने स्पष्ट किया कि अविवाहित वयस्कों के लिए अपवाद मौजूद हो सकते हैं जो स्वेच्छा से सहवास का विकल्प चुनते हैं।

बिंदुवार मामला: पुलिस सुरक्षा से इनकार

यह फैसला उत्तर प्रदेश के बहराइच जिले के याचिकाकर्ताओं स्नेहा देवी और मोहम्मद शादाब खान से जुड़े एक मामले से आया है। पुलिस सुरक्षा की मांग करते हुए, स्नेहा के माता-पिता द्वारा खान के खिलाफ अपहरण और शादी के लिए मजबूर करने का आरोप लगाने के बाद याचिकाकर्ताओं ने खुद को कानूनी लड़ाई में उलझा हुआ पाया।

वैवाहिक स्थिति मायने रखती है: खान की दुर्दशा

जांच करने पर, अदालत ने खान की वैवाहिक स्थिति का पता लगाया, जिससे पता चला कि वह 2020 से पहले ही फरीदा खातून से शादीशुदा था, जिसके साथ उसकी एक बेटी भी है। इस रहस्योद्घाटन के साथ, पीठ ने इस्लामी सिद्धांतों का हवाला देते हुए, विशेष रूप से इस मामले के संदर्भ में, ऐसे रिश्तों पर आपत्ति जताते हुए, पुलिस सुरक्षा से इनकार करना उचित समझा।

संतुलन अधिनियम: संवैधानिक नैतिकता बनाम सामाजिक रीति-रिवाज

संवैधानिक अनिवार्यताओं और सामाजिक मानदंडों के बीच नाजुक संतुलन बनाते हुए, पीठ ने सामाजिक सद्भाव और शांति बनाए रखने की सर्वोपरिता पर जोर दिया। हालांकि संवैधानिक नैतिकता कभी-कभी प्रथागत प्रथाओं पर हावी हो सकती है, लेकिन पीठ ने कहा कि इस मामले की परिस्थितियों में इस तरह के हस्तक्षेप की आवश्यकता नहीं है।

संवैधानिक सुरक्षा: सशर्त पैरामीटर

विशेष रूप से भारतीय संविधान के अनुच्छेद 21 में निहित संवैधानिक सुरक्षा उपायों की सशर्त प्रकृति को रेखांकित करते हुए, पीठ ने इस बात पर जोर दिया कि ऐसे अधिकार उन रिश्तों का बिना शर्त समर्थन नहीं कर सकते हैं जो स्थापित रीति-रिवाजों और परंपराओं का उल्लंघन करते हैं, खासकर विभिन्न धर्मों को मानने वाले व्यक्तियों के बीच।

न्यायिक निर्देश: सुरक्षित हिरासत सुनिश्चित करना

अपने अंतिम निर्देश में, अदालत ने पुलिस को कड़े सुरक्षात्मक उपायों के तहत उसकी सुरक्षा और कल्याण सुनिश्चित करने की अनिवार्यता को रेखांकित करते हुए, स्नेहा देवी को उसके माता-पिता के निवास पर सुरक्षित वापसी की सुविधा प्रदान करने का निर्देश दिया।

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यह पोस्ट Zindagi Plus English की पोस्ट => Allahabad High Court Prohibits Married Muslim from Live-in Relationships with Unmarried Hindu
का हिंदी अनुवाद है!

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  73. When I originally commented I seem to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive 4 emails with the exact same comment. There has to be a way you can remove me from that service? Kudos.

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  79. An impressive share! I’ve just forwarded this onto a colleague who has been doing a little research on this. And he in fact bought me lunch due to the fact that I stumbled upon it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanks for spending time to discuss this issue here on your site.

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  82. …when they’re not even really selling anything?!?!” Well, Google and Google are profiting on their platforms; they’re taking advantage the millions of people who come to their pages…then view and click ads on their pages. They’ve turned into massive corporations by earning money from directing traffic to businesses. That’s why I’m thrilled to share this…you can drive more visitors, prospects and sales for YOUR business by STEALING the same business model as Google (legally of course)! Click the image or the Ever wonder how platforms like Google and Facebook earn so much without selling? They profit by leveraging their visitors who click ads, turning traffic into revenue. What if you could use the same model for your business? You can—legally! Click the link in the comments!

  83. How does a site like Google make so much money without offering anything to buy? Simple: they capitalize on the millions of people who come to their site and engage with advertisements. These sites have turned into huge empires by sending traffic to other businesses. The great news is, you can use the same strategy to get visitors, generate leads, and make sales for your own company—and it’s completely legal. Click the link in the comments to learn more!

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  85. Can I simply say what a relief to discover someone who actually understands what they are talking about online. You definitely understand how to bring an issue to light and make it important. More and more people need to read this and understand this side of the story. I was surprised you aren’t more popular since you most certainly have the gift.

  86. When I initially commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on each time a comment is added I get 4 emails with the same comment. Is there an easy method you can remove me from that service? Cheers.

  87. May I simply say what a relief to uncover someone that genuinely understands what they are discussing on the net. You definitely understand how to bring a problem to light and make it important. More and more people ought to look at this and understand this side of the story. I was surprised that you aren’t more popular given that you certainly possess the gift.

  88. An outstanding share! I’ve just forwarded this onto a friend who had been doing a little homework on this. And he actually ordered me dinner due to the fact that I stumbled upon it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanks for spending the time to discuss this topic here on your web page.

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