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2025 DAILYLAW 74835 (ALL)

SANIYA AND ANOTHER v. State of UP AND 4 OTHERS

WRIC/22057/2024 · 2025-02-23

Vinod Diwakar

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Judgment text

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Neutral Citation No. - 2025:AHC:27043 Court No. - 76 Case :- WRIT - C No. - 22057 of 2024 Petitioner :- Saniya And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Prakash Tripathi Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Ms. Ritika Maurya, learned State Law Officer for the State-respondents and perused the records. 2. The petitioners have filed the instant petition seeking protection from the police as they have solemnized Nikah against the wishes of their parents. 3. Perusal of office report dated 05.02.2025 reflects that vide order dated 06.01.2025 learned counsel for the petitioners was directed to provide correct address of respondent nos. 4 and 5 so that notice may be served upon them but learned counsel for the petitioners did not comply with the order dated 06.01.2025. Another office report dated 21.02.2025 reflects that vide order dated 07.02.2025 notice was issued to the respondent no.6, who happens to be the first wife of petitioner no. 2 but the learned counsel for the petitioners did not take steps to serve the respondent no.6. 4. Despite twice orders have been passed for service of notice on respondent no.6 but the leaned counsel for the petitioners failed to take steps for service of notice on respondent no.6. 5. Learned Standing Counsel states that the writ petition has been filed on the basis of false averments as the petitioners have concealed the material facts that on police verification it's revealed that the petitioner no.2-Akbar Ali is ready married to respondent no.6, hence without obtaining the decree of divorce from his earlier wife-respondent no.6, he has not legal right to perform the second marriage with petitioner no.1, therefore, the instant writ petition is deserves to be dismissed on the ground of concealment of material facts. 6. Since the petitioners have concealed the material facts while filing the instant writ petition seeking protection from the police, the writ petition is dismissed. Order Date :- 24.2.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad