Preeti and Another v. State of U.P. and 4 Others

Court No. - 85 Case :- WRIT - C No. - 30537 of 2023 Petitioner :- Preeti And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Syed Ali Imam 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 Commanding the respondents not take any coercive steps against the petitioners.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to disturb peaceful life of the petitioners."

¶3Learned counsel for the petitioners submits that in paragraph No. 5 of the petition it is stated that petitioner No. 1 is already married with one, namely, Sri Ishwar with whom she has not obtained divorce. Petitioner No. 1 & 2 are living together in live-in-relationship, therefore, respondent nos. 1, 2, 3,4 & 5 may be directed not to interfere in the peaceful living of the petitioners.

¶4Per contra, Learned Standing counsel submits that the case of the petitioners 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 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 :- 5.12.2023/SY High Court of Judicature at Allahabad