Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32633 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State functionaries. 2. The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty. 3. The petitioners claim that they are major and living together out of their own freewill. They have performed marriage with each other and the Nikahnama is also appended with the affidavit accompanying the present petition which shows that on 1.9.2025 both of them have performed marriage. It is stated that for the said reason, the private respondent and his other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed. 4. However, on the basis of instructions obtained by the learned Standing Counsel, he submits that in the instant case the petitioner no.1 is already a married lady having children from her first husband and no legal divorce has taken place between the two and in the life time of her first husband, the petitioner no.1 claims to perform second marriage with petitioner no.2, hence the marriage in itself is not a valid marriage. 5. Learned counsel for the petitioners submitted that in front of several villagers the first husband of the petitioner no.1 namely, Hussain (the respondent no.4) has divorced the petitioner no.1 Sayma and after the said divorce, she had fully ready to perform second marriage with petitioner no.2. 6. In the instant petition it is on record that before several neighbourers, the Versus Counsel for Petitioner(s) : Mohd Shahrukh Wasim Ansari Counsel for Respondent(s) : C.S.C. Sayma And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
husband of petitioner no.1 namely Hussain had stated that "Main Sayma Ko Talaq Deta Hoon". 7. Learned Standing counsel further submitted that the divorce, as claimed by the petitioners, is not valid in the eyes of law and since the second marriage of petitioner no.1 was performed in the life time of her first husband, the said marriage is also not valid. 8. I find myself in consonance with the learned Standing Counsel.
Since the marriage performed between the petitioners being not a valid marriage, no protection can be granted to the petitioners of this case. Although a joint affidavit has been submitted by the petitioners but that is also not sufficient to show as to how the second marriage of petitioner no.1 is valid. In this view of the matter, the petitioners are not entitled for any relief from this Court. 9. The petition is dismissed. October 7, 2025 ss WRIC No. 32633 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad