SAROJNI AND ANOTHER v. State of U.P. through Chief Secretary, Government of U.P., Civil Secretariat, Lucknow and 2 Others
WRIC/4110/2025 · 2025-04-30
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137392 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137392 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24746-DB Court No. - 2 Case :- WRIT - C No. - 4110 of 2025 Petitioner :- Sarojni And Another Respondent :- State Of U.P. Through Chief Secretary, Government Of U.P., Civil Secretariat, Lucknow And 2 Others Counsel for Petitioner :- Sajjad Husain,Mohd. Saud Khan Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard. 2. This petition has been filed seeking the following prayers:-
"I. Issue a writ, order or direction in the nature of MANDAMUS directing and Commanding the OP No.1 & 2 to provide legal recognition to the petitioners' live-in relationship. including but not limited to acknowledging their formal agreement dt.11.03.2025 for securing the ends of justice. Copy of the agreement dt. 11.03.2025 is annexed herewith as Annexure No.1 to this petition. II. Issue a writ, order or direction in nature of MANDAMUS directing the OP No.1 & 2 to implement a Competent Authority/Tribunal to register and address grievances arising from live-in relationships within the stipulated time period as may be deemed fit and proper in the Interest of justice. III. Issue a writ, order or direction in nature of MANDAMUS directing the OP No.3 to ensure the protection of the petitioners and their relationship in the interest of justice. IV. Issue any writ order or direction which this Hon'ble Court may deen fit and proger in the circumstances of the case. "
3. We asked learned counsel for the petitioner as to what legal recognition does he claim, he submitted that live-in relationships should be registered. That is all the petitioners claim. 4. On being asked as to whether there is any enactment by the legislature for registration of live-in relationship as is being claimed herein, petitioners' counsel fairly submitted that there is no such enactment. In the absence of any statute, we cannot issue any such direction to opposite party no.1 which is State of U.P. and opposite
party no.3 which is its Principal Secretary. Unless there is any statutory provision, the said opposite parties cannot register any such marriage, therefore, in these circumstances, we cannot issue a writ of mandamus to opposite party no.1 and 2.
As regards relief no.(iii) which is in the form of a direction to opposite party no.3 to ensure protection to the petitioners, we have perused the writ petition and do not find any mention therein to any threat to their life and liberty from any quarter. Nevertheless, if there is a cause, the petitioners can approach Commissioner of Police or Superintendent of Police as the case may be of the district concerned seeking such protection who shall do the needful as per law. 5. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 30.4.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench