Allahabad High Court
WRIC/36673/2026 of GUNJAN KUMARI AND ANOTHER Vs STATE OF U.P. AND 3 OTHERS on 13 September 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 36673 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the material on record. 2. By means of the present writ petition, the petitioners have prayed for
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36673 of 2026
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the petitioners, learned Standing Counsel for the State 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 both the petitioners are major 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. It is stated that they have apprehension that private respondent can eliminate them for the honour of her family. In case, this Court does not grant them protection, their lives may be endangered.
4. On the other hand, learned Standing Counsel submits that the petitioner no.1 is in live-in-relationship with the petitioner no.2 and is residing without marrying with the petitioner no.2. He further submits that the petitioner no.1 was earlier already married with the respondent no.4 and is residing with the petitioner no.2 though out her free will and consent but protection cannot be granted and if such is being asked the same amounts to commission of offence under Section 494/495 I.P.C. In support of his contention, leaned Standing Counsel relied upon a Versus Counsel for Petitioner(s) : Anil Kumar, Jai Prakash Prasad, Savan Kumar Counsel for Respondent(s) : C.S.C. Gunjan Kumari And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Judgement of this Court passed in Writ-C No. 18743 of 2020 (Asha Devi and another Vs. State of U.P. and other), decided on 01.12.2020.
5. It is well settled law that writ of mandamus cannot be issued contrary to law or to defeat a statutory provision including the penal provision. In the instant case, it is admitted fact that petitioner no.1 is a married lady and is in live-in-relationship with the petitioner no.2 and therefore, in the opinion of this Court, no protection can be granted by issuing a writ of mandamus.
6. The writ petition lack merits and is accordingly, dismissed.
September 14, 2026 S.Ali WRIC No. 36673 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad