Muslim woman’s live-in amounts to‘zina’ & ‘haram’ in Islam, says HC

Prayagraj: While denying any protection to a married Muslim woman who was in live-in relation with her Hindu friend, the Allahabad high court has observed that a legally wedded Muslim wife cannot go outside marriage and his live-in relation with another man would amount to 'zina' (fornication) and 'haram' (act forbidden by Allah) as per Shariat.While rejecting a protection plea filed by a married Muslim woman and her Hindu live-in partner fearing a threat to her life from her father and other relatives, a bench of Justice Renu Agarwal added that the 'criminal act' of the woman "cannot be supported and protected" by the court.As per the fact of the case, the woman started living with another man after her husband deserted her to marry another woman. But, observing that the petitioner woman had not acquired any divorce decree from the appropriate authority from her husband and was engaged in a live-in relationship, the court said, "The first petitioner is living with second petitioner in contravention of the provisions of Muslim law (Shariat), wherein legally wedded wife cannot go outside marriage and this act of Muslim women is defined as zina and haram."“If we go into the criminality of the act of first petitioner, she may be prosecuted for the offence under Section 494 (marrying again during life-time of husband or wife) and 495 (same offence with concealment of former marriage from person with whom subsequent marriage is contracted) of Indian Penal Code (IPC), as such, the relationship is not covered within the phrase of live-in relationship or relationship in the nature of marriage.”The petitioner woman was previously married to one Mohsin, who had remarried two years ago and was now living with his second wife. Following this, she moved back to her matrimonial home and then opted to reside with a Hindu man in a live-in relationship.During the course of hearing, the state counsel opposed her plea by submitting that since she had not obtained any decree of divorce from her husband and started living with second petitioner in adultery, therefore, their relationship could not be protected by law. The court in its judgment on February 23, while referring to the high court's judgments in the cases of Asha Devi and another vs. state of UP and others (2020) and Kiran Rawat and another vs. state of UP through secretary home Lucknow and others (2023) 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, while dismissing a plea filed by an interfaith live-in couple seeking protection against alleged harassment at the hands of the police, the Allahabad HC had observed that in Muslim law, no recognition can be given to sex outside marriage.