Allahabad High Court
WRIC/19077/2026 of SAKUNTLA DEVI AND ANOTHER Vs STATE OF UP AND 3 OTHERS on 7 September 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 19077 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 petition, the petitioners are seeking for
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19077 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 petition, the petitioners are seeking for issuance of a writ of mandamus directing the respondents to safeguard the petitioners' life and liberty as well as the life and liberty of the family members of the petitioner no.2.
3. Learned counsel for the petitioners has submitted that both the petitioners were already married and are staying in live-in-relationship out of their own free will and consent without any coercion, since they are adults. 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. In support of their age, petitioners have brought on record their Aadhar Card and perusal of the same, it is evident that both the petitioners are major. The averments made in the petition are supported by the joint affidavits of the petitioners. 4 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.
5. On the other hand, learned Standing Counsel submits that the petitioners were already married and are staying in live-in-relationship out their 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 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.
6. 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 Versus Counsel for Petitioner(s) : Ram Shiromani Yadav Counsel for Respondent(s) : C.S.C. Sakuntla Devi And Another .....Petitioner(s) State Of Up And 3 Others .....Respondent(s)
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.
7. The writ petition lack merits and is accordingly, dismissed.
September 8, 2026 S.Ali WRIC No. 19077 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad