Neutral Citation No. - 2025:AHC:123276 Court No. - 77 Case :- WRIT - C No. - 20263 of 2025 Petitioner :- Smt. Sajiya @ Sonika And Another Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Jai Singh,Pradeep Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State- respondents and perused the material on record. 2. The petitioners' case is that the petitioner no.1 has performed marriage with petitioner no. 2 and they are living 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 petitioners must prove a legal right to the performance of this duty at the time of the petition. 4. Admittedly, the petitioner no.1-Smt. Sajiya @ Sonika is already married with one Mohd. Rashid on 04.11.2024, therefore, without obtaining the decree of divorce from her earlier husband, she has no legal right to enter into second marriage agreement 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 :- 24.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad