SMT. AFSHA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/33250/2026 · 2026-09-08
Gautam Chowdhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4870 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4870 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33250 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the material brought on record.
2. By means of the present petition, the petitioners are seeking for issuance of a writ of mandamus directing the respondents not to interfere in the peaceful married life of the petitioners as husband and wife and further direction has also been sought for the authorities concerned to provide protection to the petitioners.
4. On the other hand, learned Standing Counsel submits that the petitioner No. 2 is already married with another women. He has solemnized marriage with the petitioner No. 1 without any divorce from her previous wife, therefore, no any protection can be granted and if such is being asked the same amounts to commission of offence under Section 494/495 I.P.C. In support of his contention, leaned Standing Counsel relied upon a judgement of this Court passed in Writ-C No. 18743 of 2020 (Asha Devi and another Vs. State of U.P. and other), decided on 01.12.2020.
6. It is well settled law that writ of mandamus cannot be issued contrary to law or to defeat a statutory provision including the penal provision. In the instant case, it is admitted fact that the petitioner No. 2 is a married person and he has solemnized marriage with the petitioner No. 1, and, therefore, in the opinion of this Court, no protection can be granted by issuing a writ of mandamus.
7. The writ petition lack merits and is, accordingly, dismissed. September 9, 2026 Mustaqeem. Versus Counsel for Petitioner(s) : Mohd. Naushad Counsel for Respondent(s) : C.S.C. (Dr. Gautam Chowdhary,J.) Smt. Afsha And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad