SAPNA AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/42832/2024 · 2025-02-27
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113122 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113122 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28845 Court No. - 76 Case :- WRIT - C No. - 42832 of 2024 Petitioner :- Sapna And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Dev Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, Shri Vijay Kumar Srivastava, 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 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 applicant must prove a legal right to the performance of this duty at the time of the
petition.
4. Admittedly, the petitioner no.1-Smt. Sapna is already married, therefore, without obtaining the decree of divorce from her earlier husband, she has no legal right to be in live-in-relationship 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. Order Date :- 28.2.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad