Allahabad High Court
SMT. DIVYA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as not pressed, with liberty granted to the petitioners to file a fresh petition.
Summary
The petitioners sought a writ of mandamus directing the State and others not to harass or interfere with their peaceful marital life. After hearing, the petitioners' counsel indicated they no longer wished to pursue the present petition and requested liberty to file a fresh petition. The Court considered the withdrawal and the request for liberty. It dismissed the petition on the ground that it was not pressed, while granting the petitioners liberty to file a fresh petition. No substantive merits on the alleged harassment were examined.
Issues considered
- What is the appropriate procedural response when a petitioner withdraws a writ petition and seeks liberty to file a fresh petition?
Subjects
- writ
- mandamus
- marital life
- petition withdrawal
- high court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 14642 of 2026
Smt. Divya And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nagendra Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Nagendra Kumar Singh, learned counsel for the petitioners and Shri
Ashwani Kumar Tripathi, learned Chief Standing Counsel for the State are
present.
The instant petition has been filed by the petitioners with a prayer to issue
writ, order or direction in the nature of Mandamus commanding the
respondents not to harass and interfere in the peaceful marital life of the
petitioners.
After some arguments, learned counsel for the petitioners does not want to
press this petition and wants liberty to file a fresh petition.
The petition is dismissed as not pressed with liberty as prayed for.
April 20, 2026
T. Sinha (Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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