HC dismisses plea seeking protection by Hindu-Muslim live-in couple

Justice Renu Agarwal says the woman's "criminal" act "cannot be supported and protected" by the court

Allahabad High Court (photo: IANS)
Allahabad High Court (photo: IANS)


Denying any protection to a married Muslim woman in a live-in relationship with a Hindu man, Allahabad High Court has said a legally-wedded Muslim wife cannot go outside her marriage, and her live-in arrangement with another man amounts to fornication, an act forbidden by Allah according to Sharia law.

Dismissing a petition filed by the woman and her live-in partner seeking protection owing to an alleged threat to her life from her father and other relatives, a bench of justice Renu Agarwal said her "criminal" act "cannot be supported and protected" by the court.

Observing that the petitioner has not acquired any decree of divorce from her husband and is engaged in a live-in relationship, the court said, "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 other relatives were interfering in their peaceful live-in relationship. According to the facts of the case, 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 live with a Hindu man in a live-in relationship.

During the course of the hearing, the state's counsel opposed the woman's plea by submitting that since she 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.

The court, in its judgment dated 23 February, observed that since the woman had not applied to a concerned authority to convert 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.

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