Smt. Poonam and Another v. State of U.P. and 3 Others

Court No. - 85 Case :- WRIT - C No. - 36599 of 2023 Petitioner :- Smt. Poonam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raju Kanaujia Counsel for Respondent :- C.S.C Hon'ble Mayank Kumar Jain,J.

¶1Heard Sri Amlesh Kumar Yadav, Advocate holding brief of Sri Raju Kanaujia, learned counsel for the petitioners and Sri Ashwini Kumar Tripathi, learned Additional C.S.C. for the State respondents.

¶2By means of the present writ petition, the petitioners have prayed for a direction in the nature of mandamus commanding and directing the respondent no. 4 not to harass them and interfere in their peaceful living with his own free will and choice and further commanding and directing the respondent nos. 2 and 3 to protect the life of the petitioners from respondent no. 4.

¶3It is submitted that petitioner no. 1 and petitioner no. 2 are major as per their Aadhar cards and they are living together in live-in relationship, they are threatened by respondent no. 4 into their peaceful living. Therefore, respondent no. 4 may directed not to interfere in the peaceful living of the petitioners.

¶4Per contra, learned Standing Counsel submitted that petitioner no.1 is already married, but no document about dissolution of marriage is filed. Moreover, the case of the petitioner is squarely covered by judgement of this Court passed in Criminal Misc. Writ Petition No. 3310 of 2023, Kiran Rawat And Another Vs. State of U.P. Thru. Secy. Home, Lko. And Others, reported in 2023 SCC Online All 323.

¶5In the present writ petition, petitioner no.1 is Hindu by religion and petitioner no.2 is Muslim by religion, therefore ratio of the judgement passed in Kiran Rawat (supra) is applicable to the present writ petition.

¶6Hence, this writ petition is accordingly dismissed. Order Date :- 29.11.2023 Saif High Court of Judicature at Allahabad