SMT. GULSHANA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/19230/2025 · 2025-08-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66622 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66622 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:145430 Court No. - 77 Case :- WRIT - C No. - 19230 of 2025 Petitioner :- Smt. Gulshana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Gupta,Mehtaab Alam Counsel for Respondent :- C.S.C.,Syed Abbas Shaukat Abidi,Syed Ahmed Faizan Hon'ble Saurabh Srivastava,J.
1. Heard Sri Mehtaab Alam, learned counsel for petitioners, Sri Syed Abbas Shaukat Abidi, learned counsel for respondent no. 4 and Sri Suresh Kumar Maurya, learned counsel for respondent no. 5 and learned Standing Counsel appearing on behalf of 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. In pursuance to previous direction passed by this Court, petitioner nos. 1 and 2 appeared in person before this Court.
4. Petitioner no. 1 specifically made a statement that she is not willing to lead her life along with petitioner no. 2 and in compliance to the earlier order, she has put her appearance and came down to Muzaffarnagar along with her brother.
5. Once the specific statement has been recorded by petitioner no. 1, there is hardly any need to consider the prayer as made through the instant petition for extending protection in favour of petitioner nos. 1 and 2 being a married couple. Once both are leading their separate life and not willing to lead their life as husband and wife, all the legal recourse which are available to the petitioner for any other purpose but so far as regarding extension of protection is concerned, the same cannot be extended.
6. In view of the above, petition lacks merits hence dismissed. Order Date :- 22.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad