Allahabad High Court
SMT. MAYA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as infructuous because the matter is already pending before the police.
Summary
Petitioners Smt. Maya and another filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State to protect their peaceful matrimonial life from a third respondent. The State counsel informed the Court that an FIR relating to the dispute had already been lodged and that the matter was pending investigation. The Court held that because the criminal proceedings were already underway, the petition had become infructuous. Consequently, the Court dismissed the petition as infructuous. No substantive merits on the protection of matrimonial life were examined.
Issues considered
- Whether a writ of mandamus can be issued to protect the matrimonial life of the petitioners when a criminal FIR is pending.
- Whether the petition becomes infructuous due to the existence of pending criminal proceedings.
Legislation cited
- Constitution of India — s. 226
Subjects
- writ of mandamus
- Article 226
- protective injunction
- marital dispute
- infructuous petition
- FIR pending
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17908 of 2026
Smt. Maya And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sudhanshu Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Sudhanshu Singh, learned counsel for the petitioners and Sri Ashwani
Kumar Tripathi, learned A.C.S.C. for the State.
The present petition has been filed under Section 226 of the Constitution of
India with the prayer to issue a writ of mandamus, directing the respondents
to protect the peaceful matrimonial life, as husband and wife, of the
petitioners from respondent no.3.
Learned A.C.S.C. for the State pointed out that an FIR has been lodged with
regard to the subject matter of the present case. Instructions in this regard
has been received and the same is kept on record. The matter has become
infructuous due to the aforesaid reason and the same may be dismissed as
infructuous.
Accordingly, the present petition is dismissed as infructuous.
May 6, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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