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2025 DAILYLAW 86195 (ALL)

MAMATA AND ANOTHER v. State of U.P. AND 3 OTHERS

WRIC/26265/2024 · 2025-03-06

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33846 Court No. - 76 Case :- WRIT - C No. - 26265 of 2024 Petitioner :- Mamata And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Maurya,Shweta Singh Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. The instructions, handed over by the learned Standing Counsel, to the Court today, is taken on record. 2. None appeared on behalf of the petitioners even in the revised call whereas Shri Pankaj Singh, learned Standing Counsel for the State-respondents is present. However, keeping in view the huge pendency of the cases, the Court proceeded to hear and dispose of the matter on the assistance of learned Standing Counsel. 3. The petitioners have filed the instant petition to seek protection from the police as they are living in live-in-relationship against the wishes of their parents. 4. On the last day of the hearing, the Court sought a verification report regarding the legitimacy and genuineness of the documents filed along with the petition. 5. Learned Standing Counsel, on the basis of instructions, states that on police verification, it's revealed that the petitioner no.1- Mamta D/o Kedar Singh has already been married to one Narendra Kumar son of Satya Prakash, resident of Gilli Ka Nagla, District Bulandshahr on 21.04.2024, therefore, in such a situation, without obtaining the decree of divorce from his earlier husband, the petitioner no.1 is legally not entitled to live in live-in-relationship with petitioner no.2, hence the writ petition has been filed on the basis of incorrect and misconceived facts to secure protection order, and as such the petitioners have approached this Court by concealing the material facts, therefore, the instant writ petition deserves to be dismissed with cost. 6. Since the petitioners have approached this Court seeking protection by concealing the material facts, the instant writ petition is dismissed with cost of Rs.25,000/- to be deposited by the petitioners before the District Legal Services Authority, Aligarh, within thirty days from today, failing which, the District Magistrate, Aligarh is at liberty to recover the said amount as arrears of land revenue.The District Magistrate concerned shall submit its report before the CJM concerned within fifteen days, thereafter. The CJM concerned shall submit its report to this Court within next fifteen days to be kept on record of this writ petition. Order Date :- 7.3.2025 Prajapati Justice Vinod Diwawkar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad