ABHIJIT SINGH AND ANOTHER v. State of UP AND 4 OTHERS
WRIC/24815/2024 · 2025-02-27
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82149 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28941 Court No. - 76 Case :- WRIT - C No. - 24815 of 2024 Petitioner :- Abhijit Singh And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent, and perused the material on record.
2. The petitioners' case is that the petitioner no.1 is living in live- in-relationship with petitioner no. 2 as husband and wife against the wishes of their respective parents, therefore, apprehends 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 Additional Chief 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. As the petitioner no.2-Daniya Parveen has already been married, and without obtaining the decree of divorce from respondent no. 5, she has no legal right to live in live-in-relationship with petitioner
no.1 therefore no writ under Article 226 cannot be issued in their favour and the writ petition deserves to be dismissed.
4. Accordingly, the instant petition is dismissed. Order Date :- 28.2.2025 Ujjawal Justice Vinod Diwakar Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad