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2025 DAILYLAW 149116 (ALL)

GUDIYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/5944/2025 · 2025-07-07

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38263-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5944 of 2025 Petitioner :- Gudiya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Irfan Alam Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. 1. It is not a case before us that the petitioner no. 1 is not a legally wedded wife of one, Ram Darshan. The petitioner no. 1 was married to him 18 years ago and there are two children out of their wedlock. The petitioner no. 1 is stated to have chosen to live with petitioner no. 2 by deserting her family. 2. In these circumstances, protection for peaceful living with petitioner no. 2 is sought. 3. The petitioner no. 2 does not hold any other relationship, except that of a friend. The friendly relationship, in these circumstances, cannot precede the sanctity of a marital tie and we do not see any reason for issuing a writ of mandamus against the police authorities to provide a protection against the husband, who has a legitimate right of claiming restitution of conjugal rights, unless there is a valid dissolution of marriage. 4. The writ petition being misconceived, is accordingly dismissed. (Shree Prakash Singh,J.) (A.R.Masoodi,J.) Order Date :- 7.7.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench