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2025 DAILYLAW 110906 (ALL)

ANITA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/41372/2024 · 2025-02-12

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21232 Court No. - 76 Case :- WRIT - C No. - 41372 of 2024 Petitioner :- Anita And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Sharma,Prashant Sharma Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Shri Phool Chandra, learned Standing Counsel for the State-respondents and perused the material on record. 2. The petitioners' case is that the petitioner no.1 is living in live- in-relationship with petitioner no. 2 as husband and wife against the wishes of their respective parents and respondent no.5-husband 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 A.G.A. 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 applicant must prove a legal right to the performance of this duty at the time of the petition. 4. Admittedly, the petitioner no.1-Anita is already married to respondent no.5 and two children were borne from their wedlock, therefore, without obtaining decree of divorce from respondent no.5, petitioner no.1 has no legal right to be live in live-in- relationship with petitioner no.2, therefore, no writ under Article 226 is issued in their favour. The instant petition is devoid of merits and is, accordingly, dismissed. Order Date :- 13.2.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad