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Allahabad High Court

KM. ANJALI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as not pressed, with liberty granted to the petitioners to file a fresh petition.

Summary

The petitioners, Km. Anjali and another, filed a writ petition seeking a mandamus directing the State of U.P. and others not to interfere with their peaceful marital life. After hearing, the petitioners' counsel indicated they no longer wished to pursue the present petition and sought liberty to file a fresh petition. The Court considered the withdrawal and, noting that the petition was not pressed, dismissed it while granting the requested liberty. No substantive merits on the alleged harassment were examined. The dismissal was procedural, based on the petitioners' own decision to withdraw.

Issues considered

  • What is the appropriate procedural course when a petitioner withdraws a writ petition and seeks liberty to file a fresh petition?

Subjects

  • writ
  • mandamus
  • marital life
  • petition withdrawal
  • procedural dismissal
  • family law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 15359 of 2026

                                    Km. Anjali And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Pushpendra Kumar, Ramdhan
                                    Counsel for Respondent(s)              :   C.S.C.

                                    Court No. - 76
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Shri Pushpendra Kumar, 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 23, 2026
                                    T. Sinha                                         (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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