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Allahabad High Court

KHUSHABU AND ANOTHERversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The writ petition was 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 State and others not to interfere in their peaceful marital life. The petition acknowledged that the second petitioner was cohabiting with the first without a 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 considered the withdrawal and the request for liberty. Consequently, the court dismissed the writ petition as it was not pressed, granting the liberty sought. No substantive merits on the interference claim were adjudicated.

Issues considered

  • What is the appropriate procedural course when a petitioner seeks to withdraw a writ petition and obtain liberty to file a fresh petition?

Subjects

  • writ petition
  • mandamus
  • marital life
  • petition withdrawal
  • family law
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 18555 of 2026

                                    Khushabu And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 7 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Rameshwar Prasad Mishra
                                    Counsel for Respondent(s)                :   C.S.C.

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

                                    1. Shri Rameshwar Prasad Mishra, 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.

                                    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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