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Allahabad High Court

SMT. RAKHI DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

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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