The Allahabad High Court has made an observation stating that according to Shariat Law, a legally wedded Muslim wife cannot engage in extramarital relationships, and her involvement in a live-in relationship with another man would be considered 'Zina' (fornication) and 'Haram' (forbidden act by Allah).

A bench led by Justice Renu Agarwal asserted this stance while rejecting a protection plea filed by a married Muslim woman and her Hindu live-in partner, who expressed concerns for her safety against her father and other relatives. The Court emphasized that the woman's actions, which it deemed as a "criminal act," cannot be  safeguarded by the Court.

The Court remarked upon observing that the petitioner woman, a married Muslim lady, had not obtained any divorce decree from her husband from the appropriate authority and was engaged in a live-in relationship.

"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."

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.

The state's Counsel countered her plea, arguing that since she hadn't obtained a divorce decree from her previous husband and had entered into an adulterous relationship with petitioner no.2, their relationship couldn't be legally protected.

By giving references of the previous judgements, 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.

The appearances for the petitioner include Gurfan Ali, Abad Ali Tyagi, and Fareed Ahmad, while representing the respondent is CSC Ashwani Kumar Tripathi.

Case title - Saleha And Another vs. State Of UP And 3 Others