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2025 DAILYLAW 100158 (ALL)

PRIYANKA TIWARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/33510/2025 · 2025-09-22

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33510 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the material on record. 2. The petitioners' case is that the petitioner no.1 has performed marriage with petitioner no. 2 and they are living as husband and wife against the wishes of their respective parents as well, therefore, apprehend threat to their lives by them. In the given background, the petitioners have preferred the instant petition for seeking direction to the police/respondents to take appropriate measures to protect their lives. 3. Per contra, learned Standing Counsel submits that the Division Bench of this Court in Asha Devi & Anr. v. State of U.P. and 3 Ors (Writ C-18743 of 2020) held and reiterated the settled law by the Supreme Court in a plethora of judgments about issuing a mandamus under Article 226, the Court must determine that the aggrieved person has a legal right that has been infringed. A mandamus is a command directing a person, corporation, inferior Court, or government to perform a specified public duty. It is issued against public authorities, administrative bodies, or anyone with a statutory or common law duty. The petitioners must prove a legal right to the performance of this duty at the time of the petition. 4. Admittedly, the petitioner no.1-Smt. Priyanka Tiwari is Versus Counsel for Petitioner(s) : Yogendra Singh Counsel for Respondent(s) : C.S.C. Priyanka Tiwari And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) already married with one Pushpendra Kumar Trivedi on 05.07.2017, therefore, without obtaining the decree of divorce from her earlier husband, she has no legal right to enter into second marriage agreement with petitioner no.2 and as such no writ under Article 226 is issued in their favour. The instant petition is devoid of merits and is, accordingly, dismissed. September 23, 2025 Rakesh WRIC No. 33510 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad