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2025 DAILYLAW 41539 (ALL)

SMT. BHAVYA MAHESHWARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/11096/2025 · 2025-04-15

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57186 Court No. - 74 Case :- WRIT - C No. - 11096 of 2025 Petitioner :- Smt. Bhavya Maheshwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J. 1. Heard Mr. Manoj Kumar Mishra, learned counsel for petitioners and Ms. Shreya Gupta along with Virendra Kumar, learned counsel appearing on behalf of respondent no.4 as well as Sri Pramit Kumar Pal, learned Standing Counsel for the State-respondents. 2. By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought. 3. At the very outset, Ms. Shreya Gupta, learned counsel appearing on behalf of respondent no.2 vehemently opposed the prayer sought through the instant petition by way of submitting that there is concealment of facts while preferring the instant petition in shape of several factual aspects such as petitioner no.2 is having daughter out of his first marriage although wife has already been expired and there is also an FIR preferred at the behest of respondent no.4 but later on, some compromise took place between the parties which culminated into separation of petitioner nos.1 and 2. Learned counsel for respondent no.4 further submitted that a civil suit for dissolution of marriage solemnized between petitioners, has also been preferred at the behest of petitioner no.1 and all these facts are missing and as such, petitioners have not came to this Court with clean hands. It has also been submitted by learned counsel for respondent no.4 that on the grounds mentioned above, the present petition is liable to be dismissed with costs. 4. Learned counsel for petitioners submitted that at present, both the petitioners are leading their peaceful lives being husband and wife and they have also been applied online for seeking registration of their marriage on dated 08.04.2025. 5. One vital fact also brought before this Court that both the petitioners are having faith and belief in Hindu religion and relationship between petitioners comes under the definition of 'sapindas'. For further elaboration, learned counsel for respondent no.4 submitted that petitioner no.1 is the daughter of real brother of mother of petitioner no.2 and as such, marriage is void in pursuance of Section 11 of Hindu Marriage Act, 1955. 6. After having the rival submissions extended by learned counsel for parties, one thing is crystal clear that both the petitioners are sapindas and only on the basis of applying online for seeking registration of their marriage, will not entitle the petitioners for seeking prayer as made through the instant petition. 7. In view thereof, petition lacks merit and is hereby dismissed. Order Date :- 16.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad