Tanu and Another v. State of U.P. and 3 Others

Court No. - 85 Case :- WRIT - C No. - 36911 of 2023 Petitioner :- Tanu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tanay Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the petitioners and learned Standing Counsel for the State.

¶2The present writ petition has been filed seeking following main relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent No. 2 to protect the life and personal liberty of the petitioners, during the pendency of the present writ petition. "

¶3In paragraph No.10 of the petition it is stated petitioner No. 1 and petitioner No. 2 are living together in live-in-relationship and want to solemnize their marriage whenever petitioner No. 1 got divorced to the respondent No. 4. therefore, respondent nos. 1, 2, 3 & 4 may be directed not to interfere in the peaceful living of the petitioners.

¶4Per contra, learned Standing counsel submits that the case of the petitioner is squarely covered with the judgement of this Court passed in Writ C No. 18743 of 2023, Asha Devi and another vs. State of U.P. and another.

¶5In the petition it is admitted that petitioner No. 1 is already married with respondent No. 4 but no document about dissolution of marriage is brought on record.

¶6Since, in the present case petitioner No. 1 is already married and no document about dissolution of marriage is brought on record, therefore, matter is already covered with the aforesaid judgement.

¶7Hence, this writ petition is accordingly dismissed. Order Date :- 6.12.2023 SY High Court of Judicature at Allahabad