Live-In Relation Of A Married Muslim Woman With Another Man Is 'Haram' & 'Zina' As Per Shariat: Allahabad HC Dismisses Protection Plea

The Allahabad High Court has observed that a legally wedded Muslim wife can not go outside marriage and her live-in relationship with another man would be 'Zina' (fornication) and 'Haram' (act forbidden by Allah) as per the Shariat Law.

A bench of Justice Renu Agarwal asserted thus while rejecting a protection plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against her father and other relatives. The Court added that the 'criminal act' of the woman "cannot be supported and protected" by the Court.

Observing that the petitioner woman, a married Muslim lady, had not acquired any divorce decree from the appropriate authority from her husband and was engaged in a live-in relationship, the Court remarked:

"She is living with petitioner no.2 in contravention of the provisions of Muslim Law(Shariat), wherein legally wedded wife can not go out side marriage and this act of Muslim women is defined as Zina and Haram. If we go to the criminality of the act of petitioner no.1 she may be prosecuted for the offence under section 494 and 495 IPC, as such relationship is not covered within the phrase of live-inrelationship or relationship in the nature of marriage."

The Court was essentially dealing with a protection plea filed by a Muslim Lady and her Hindu live-in partner, seeking protection against the acts of the parents of the lady and her other family members. In the petition, it was claimed that they were interfering in their peaceful live-in relationship.

It was her case that she was previously married to one Mohsin, who had remarried two years ago and was now cohabiting with his second wife. Following this, she moved back to her matrimonial home, but due to his abuse, she opted to reside with a Hindu man in a live-in relationship.

On the other hand, the Counsel for the state opposed her plea by submitting that since she had not obtained any decree of divorce from her earlier husband and started living with petitioner no.2 in adultery, therefore, their relationship could not be protected by law.

Referring to the High Court's Judgments in the cases of Asha Devi and Another vs. State of U.P. and Others 2020 and Kiran Rawat And Another vs. State Of U.P. Thru. Secy. Home Lko. And Others 2023 LiveLaw (AB) 201, the Court observed that since the Muslim lady (petitioner) had not moved any application to the authority concerned for conversion of her religion under sections 8 and 9 of the Conversion Act and also the fact that she had not obtained divorce from her husband, she was not entitled to any protection.

It may be noted that in the Kiran Rawat case (supra), while dismissing a plea filed by an interfaith live-in couple seeking protection against alleged harassment at the hands of the police, the Allahabad High Court had observed that in Muslim law, no recognition can be given to sex outside marriage.

"...petitioner no.1 is living in relationship with petitioner no.2 without obtaining a divorce from her husband, that constitute an offence under sections 494 and 495 IPC and also without complying the provisions of sections 8 & 9 of the Conversion Act," the court remarked as it dismissed her petition.

Also read: 'Such Illegal Relations Need Not Be Protected': Allahabad HC Rejects Protection Plea Of Married Woman, Her Live-In Partner; Imposes ₹2K Cost

Appearances

Counsel for Petitioner: Gurfan Ali, Abad Ali Tyagi, Fareed Ahmad

Counsel for Respondent: CSC Ashwani Kumar Tripathi

Case title - Saleha And Another vs. State Of UP And 3 Others 2024 LiveLaw (AB) 130

Case Citation: 2024 LiveLaw (AB) 130

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