Allahabad High Court
SMT. RAKHI DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition was dismissed as it was not pressed, with liberty granted to the petitioners to file a fresh petition.
Summary
The petitioners, who are in a live-in relationship, filed a writ petition under Article 226 seeking a mandamus directing the respondents not to interfere with their relationship and to provide protection against harassment. The petitioners admitted they were in a live-in relationship without a prior divorce decree. During the hearing, the petitioner's counsel expressed a desire to withdraw the petition and seek liberty to file a fresh petition. The court noted that the petition was not pressed and granted the liberty sought. Consequently, the court dismissed the petition for lack of prosecution.
Issues considered
- What relief can be granted under Article 226 to protect a live-in relationship from interference and harassment?
Subjects
- live-in relationship
- Article 226
- writ of mandamus
- harassment
- protection
- court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17895 of 2026
Smt. Rakhi Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ajay Kumar Srivastava, learned counsel for the petitioners and
Shri Arvind Kumar Singh, learned Additional Chief 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 live-in-
relationship life of the petitioners and further direct the respondent Nos. 2 to
3 to provide adequate protection to protect their life and liberty from
respondent No.4.
Learned counsel for the petitioners fairly admits that both the parties are in
live-in relationship without obtaining any divorce decree from earlier
husband and wife. 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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