Allahabad High Court
SMT. VIJYBHARTI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court ordered police protection for the petitioners and directed initiation of criminal proceedings against any person who threatens or harasses them, thereby granting the writ of mandamus.
Summary
The petitioners, Smt. Vijyabharti and her husband, married after attaining majority and applied for online registration of their marriage. They alleged that a private respondent (No. 4) threatened them and interfered with their marital life, seeking a writ of mandamus under Article 226 to prevent such harassment and to direct the police to protect their life and liberty. The court noted that no FIR had been lodged and, relying on the Supreme Court’s decision in Lata Singh v. State of U.P., held that the High Court can intervene to safeguard the petitioners’ fundamental right to life and liberty. Consequently, the court directed the police to protect the petitioners from any threat or act of violence by the respondent and to initiate criminal proceedings against any harasser. The petition was disposed with the relief granted.
Issues considered
- Whether a writ of mandamus can be issued under Article 226 to direct police protection of petitioners’ life and liberty against a private threat
- Whether the High Court can dispense with notice to a private respondent in urgent protection matters
Subjects
- Article 226
- mandamus
- life and liberty
- police protection
- marriage registration
- personal law
- threat to life
- fundamental rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 12955 of 2026
Smt. Vijybharti And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Kamar Shah Alam
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Mohd. Kamar, learned counsel for the petitioners and learned
Standing Counsel and perused the record. After service of notice upon the
private respondent no. 4 none has appeared for the respondent no. 4.
Present petition under Article 226 of Constitution of India has been filed
with a prayer to issue a writ of mandamus directing the respondents not to
interfere, harass or cause any interference in the peaceful marital life of the
petitioners and further direct the respondent Nos. 2 to 4 to provide adequate
protection to protect their life and liberty from respondent No.4.
Learned Counsel for the petitioners submits that the petitioners attained their
age of majority and they solemnized their first marriage on 26.3.2026 and no
F.I.R. has been lodged against the petitioner No.2 as per his knowledge and
they have apprehension of threat to their life and liberty. The petitioners
applied for online registration of the marriage, which is pending.
After solemnizing marriage by the petitioners they complained to the police
authorities about the apprehension of threat to their life and liberty from
respondent No.4, who threatened the petitioners for dire consequences and
wanted interference in their married life.
Learned counsel for the petitioners relied upon the judgment of Supreme
Court in Lata Singh Vs. State of U.P. and another, (2006) 5 SCC 475.
Present case is related to only saving the life and liberty of the petitioners
and there is no other point for consideration at this time. Due to this reason
WRIC No. 12955 of 2026
2
notice to Respondent No.4 is dispensed with.
As the petitioners have solemnized marriage after attaining their majority as
per their personal law and applied for registration to register their marriage
and both the petitioners are governed by same religion.
In view of above facts and circumstances of the case, police authorities are
directed to protect the petitioners from any threat of their lives and liberty of
peaceful living by harassment of anyone/Respondent No.4 from any threat
or act of violence or harassment. If anyone himself or at his instigation
anyone threats, harasses or commits act of violence, the police authorities of
the concerned district will initiate the criminal proceedings against such
person as provided by law.
The present petition is disposed of accordingly.
(Sanjay Kumar Pachori,J.)
May 6, 2026
A.
Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad
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