Denying protection in such cases, the court observed a legally-wedded Muslim wife cannot have a live-in arrangement with another man as it violates the legally-enforceable portions of Sharia Law, according to which, such a relationship amounts to ‘Zinah’ or fornication in the eyes of Allah, an act which is strictly ‘Haram’ (forbidden) in Islam.

Uttar Pradesh News: The Allahabad High Court Friday dismissed a plea by a married Muslim woman and her Hindu paramour seeking protection for their live-in relationship due to an alleged “threat” by the woman’s family.

Denying protection in such cases, the court observed a legally-wedded Muslim wife cannot have a live-in arrangement with another man as it violates the legally-enforceable portions of Sharia Law, according to which, such a relationship amounts to ‘Zinah’ or fornication in the eyes of Allah, an act which is strictly ‘Haram’ (forbidden) in Islam.

A single-judge bench of Justice Renu Agarwal dismissed the petition filed by the woman and her live-in partner seeking protection due to an alleged “threat” to her life from her father and other relatives.

‘Zinah’ forbidden in Islam

Justice Agarwal asserted that the Muslim wife’s “criminal” act “cannot be supported and protected” by the court as the petitioner has not acquired any decree of divorce from her husband and is engaged in a live-in relationship.

“The first petitioner is living with the second petitioner in contravention of the provisions of Muslim Law (Shariat), wherein a legally-wedded wife cannot go outside marriage and this act of Muslim women is defined as ‘Zina’ (fornication) and ‘Haram’ (an act forbidden by Allah).”

The petitioners had claimed that the woman’s father and relatives were interfering in their peaceful live-in relationship.

Husband remarried, living with second wife

As per the petition, the woman was married to Mohsin, who remarried two years ago and is now cohabiting with his second wife. Following this, the petitioner moved back to her matrimonial home, but facing abuse from her husband, opted to reside with a Hindu man in a live-in relationship.

‘Adultery cannot be given protection’

During the course of the hearing, the state’s counsel opposed the woman’s plea by submitting that since the Muslim woman had not obtained any decree of divorce from her husband and started living with the second petitioner, which amounted to adultery, their relationship could not be protected by law.

Therefore, in its February 23 judgement, the High Court while dismissing the woman’s protection plea,
observed that since she had not moved any application to the authority concerned for converting her religion in accordance with the law in this regard and also not obtained divorce from her husband, she was not entitled to any protection.

(With PTI inputs)