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

Court No. - 85 Case :- WRIT - C No. - 38117 of 2023 Petitioner :- Smt Rinki And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar 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 the respondent Nos. 1, 2 & 3 not to interfere in living relationship life of the petitioners and further not to harass them in any manner except in accordance with law."

¶3In paragraph No. 9 and 10 of the petition it is stated petitioner No. 1 and petitioner No. 2 are already married but they all living separately with their earlier spouse and presently living with each other. Therefore, respondent nos. 1, 2 &3 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 and petitioner No. 2 is also married with one Jyoti Verma but no document about dissolution of marriage is brought on record.

¶6Since, in the present case both the petitioners are 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 :- 17.11.2023 SY High Court of Judicature at Allahabad