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Allahabad High Court

RIMSHA RAFIQ AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

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

Summary

The petitioners, Rimsha Rafiq and another, filed a writ petition seeking a mandamus directing the respondents not to interfere with their peaceful marital life. The petitioners admitted that the private respondent recognized their relationship and there was no danger to their liberty. During the hearing, the petitioners' counsel indicated that they no longer wished to pursue the present petition and sought liberty to file a fresh petition. The court noted that the petition was not pressed and therefore could not be entertained. Consequently, the writ petition was dismissed, granting the petitioners liberty to file a fresh petition if they choose.

Issues considered

  • What is the appropriate remedy when a petitioner seeks a mandamus to restrain interference in marital life?
  • Can a writ petition be dismissed if the petitioner does not press the petition before the court?

Subjects

  • mandamus
  • marital life
  • writ petition
  • petition not pressed
  • family law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 18445 of 2026

                                    Rimsha Rafiq And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Aijaz Mustafa Khan, Najam Uz Zaman
                                                                       Khan
                                    Counsel for Respondent(s)        : C.S.C.

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

                                    1. Learned counsel for the petitioners and learned Additional Chief Standing
                                    Counsel for the State are present.

                                    2. 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 interfere in the peaceful marital life of the petitioners.

                                    3. Learned counsel for the petitioners fairly admits that private respondent
                                    no.3 recognized the relationship of petitioners and there is no
                                    apprehension/danger to live and liberty to the present petitioners.

                                    4. After some arguments, learned counsel for the petitioners does not want to
                                    press this petition and wants liberty to file a fresh petition.

                                    5. The present writ petition is dismissed as not pressed with liberty as
                                    prayed for.

                                    May 12, 2026
                                    Imtiyaz
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad


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