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Allahabad High Court

SONIYA VANKHEDE AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

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

Summary

The petitioners, Soniya Vankhede and another, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State of U.P. and other respondents not to interfere with their marital life and to provide protection. The petitioners admitted that they had married without obtaining a divorce decree. During the hearing, the petitioners' counsel expressed a desire to withdraw the present petition and seek liberty to file a fresh petition. The Court noted that the petition was not being pressed forward. Consequently, the Court dismissed the petition, granting the petitioners liberty to file a fresh petition if they wish.

Issues considered

  • Whether the High Court should issue a writ of mandamus directing the respondents not to interfere with the petitioners' marital life under Article 226.

Subjects

  • Article 226
  • writ of mandamus
  • marital life
  • petition dismissed
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 17705 of 2026

                                    Soniya Vankhede And Another
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Dinesh Kumar Yadav
                                    Counsel for Respondent(s)                   :   C.S.C.

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

                                    Heard Shri Dinesh Kumar Yadav, learned counsel for the petitioners and
                                    Shri Arvind Kumar Singh, learned Standing Counsel and perused the record.

                                    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 fairly admits that the present petitioners
                                    solemnized marriage without obtaining any divorce decree. After some
                                    arguments, learned counsel for the petitioners does not want to press this
                                    petition and wants liberty to file a fresh petition.

                                    In view of the above, the present petition is dismissed as not pressed with
                                    the aforesaid liberty.

                                    May 6, 2026
                                    Ishan
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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