Allahabad High Court
KHUSHI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The writ petition is dismissed as not pressed, with liberty granted to the petitioners to file a fresh petition.
Summary
The petitioners filed a writ petition seeking a mandamus directing the respondents not to interfere with their peaceful marital life, despite the fact that the two petitioners were cohabiting without a divorce decree. The petitioners' counsel admitted the cohabitation and later decided not to pursue the petition, requesting liberty to file a fresh petition. The court considered whether it could entertain a mandamus petition under these circumstances and whether the petition could be withdrawn. Since the petition was not pressed, the court dismissed it, granting the petitioners liberty to file a fresh petition. No substantive merits on the issue of interference were decided.
Issues considered
- What is the appropriate remedy when a petition seeking mandamus to restrain interference in marital life is filed?
- Can a writ petition be dismissed when the petitioner decides not to press it and seeks liberty to file a fresh petition?
Subjects
- writ petition
- mandamus
- marital life
- petition withdrawn
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18546 of 2026
Khushi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anjeet Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
1. Shri Anjeet Singh, learned counsel for the petitioners and Shri Ashwani
Kumar Tripathi, 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 petitioner no.2 is
living in relationship with petitioner no.1 without obtaining decree of
divorce of their respective 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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