HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38693 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the material on record. 2. By means of the present writ petition, the petitioners have prayed for a writ in the nature of mandamus directing the respondents not to interfere in their peaceful life and also for a direction to provide protection. 3. It is stated by the learned counsel for the petitioners that though both the petitioners are of different faiths. They are unmarried and are staying in a live-in relationship. Further, it is stated that private respondent and other family members have got annoyed and there is serious danger to their lives as they are being threatened and harassed. Hence, the petitioners have filed this writ petition under Article 226 of the Constitution of India for issuance of a direction upon the Police Authorities to protect their life from the private respondents. 4. Learned Additional Chief Standing Counsel opposes the prayer made in the writ petition and submits that though the petitioner No. 1 is major, but the petitioner No. 2 is less than 18 years, thus, no protection can be granted. 5. Learned standing counsel places reliance upon a division Bench judgment of this Court in the case of Asha Devi and another vs. State of U.P. and three others (Writ C No.18743 of 2020) decided on 01.12.2020, in which following questions were framed as below: "(i) xxxxx (ii) Whether protection to petitioners as husband and wife or as live-in-relationship can be granted in exercise of powers conferred under Article 226 of the Constitution of India, when their living together may constitute offences under Sections 494/495 I.P.C." 6. Para 21 of the aforesaid judgment passed in Asha Devi (supra) reads as under:- "21. The discussion and findings as recorded in foregoing paragraphs are briefly summarized as under:- Versus Counsel for Petitioner(s) : Lal Bahadur Counsel for Respondent(s) : C.S.C. Smt Priya Kaur And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) (i) A "relationship in the nature of marriage" is akin to a common law marriage. Common law marriages require that although not being formally married :- (a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. (ii) xxxx (iii) Following relationship have not being recognized or approved as live-in-relationship or relationship in the nature of marriage. This list is not exhaustive but merely illustrative :- (a) xxxx (b) xxxx (c) xxxx (d) If both the persons are otherwise not qualified to enter into a legal marriage including being unmarried. (iv) xxxx (v) xxx 7. In view of the admitted fact that petitioner No. 2 is minor and thus he is not qualified to enter into live in relationship, therefore, protection cannot be granted by this Court in exercise of power under Section 226 of the Constitution of India. 8. This writ petition, having no force, is, accordingly, dismissed. (Dr. Gautam Chowdhary,J.) September 24, 2026 Mustaqeem. WRIC No. 38693 of 2026 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad