Allahabad High Court
SUDHA DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court dismissed the writ petition as it was not pressed by the petitioners.
Summary
The petitioners filed a writ petition seeking a mandamus directing the State and others not to interfere with their peaceful marital life, despite living together without a divorce decree from a prior marriage. The petition alleged that the respondents were interfering in their relationship. During the hearing, the petitioners' counsel indicated a desire to withdraw the present petition and instead file a fresh one. The court considered whether a mandamus could be issued in such circumstances and whether a petition not actively pressed could be entertained. Concluding that the petition was not pressed, the court dismissed it, granting the petitioners liberty to file a fresh petition if they choose.
Issues considered
- Whether a writ of mandamus can be issued to restrain interference in the marital relationship of parties living together without a divorce decree.
- Whether a petition that is not pressed by the petitioners should be dismissed.
Subjects
- Writ of Mandamus
- Marital Relationship
- Family Law
- Petition Dismissed
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18528 of 2026
Sudha Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Yadav, Urvesh Kumar
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 petitioners are living
in relationship without obtaining decree of divorce from earlier marriage.
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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