Allahabad High Court
SAKUNTLA DEVI AND ANOTHERversusSTATE OF UP AND 3 OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- GAUTAM CHOWDHARY
Holding
A writ of mandamus cannot be granted as it would be contrary to law, and the petition is dismissed.
Summary
The petitioners, Sakuntla Devi and another, who are already married, filed a writ petition seeking a mandamus directing the State to safeguard their life and liberty, alleging threats and harassment from family members due to their live‑in relationship. They submitted Aadhaar proof of majority and joint affidavits asserting that the relationship is consensual and that they fear being eliminated for family honour. The State, through its standing counsel, contended that granting such protection would amount to facilitating an offence under Sections 494 and 495 of the Indian Penal Code, which criminalise adultery. The Court observed that a writ of mandamus cannot be issued in contravention of statutory provisions, including penal statutes. Since the petitioners are married and in a live‑in relationship, the Court held that no protection could be granted via mandamus. Consequently, the petition was dismissed for lack of merit.
Issues considered
- Whether a writ of mandamus can be issued to protect the life and liberty of married individuals in a live‑in relationship facing family threats.
- Whether granting such protection would contravene Sections 494 and 495 of the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- live‑in relationship
- mandamus
- life and liberty
- IPC 494
- IPC 495
- adultery
- writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19077 of 2026
Sakuntla Devi And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Shiromani Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State and perused the material on record.
2. By means of the present petition, the petitioners are seeking for
issuance of a writ of mandamus directing the respondents to safeguard the
petitioners' life and liberty as well as the life and liberty of the family
members of the petitioner no.2.
3. Learned counsel for the petitioners has submitted that both the
petitioners were already married and are staying in live-in-relationship out
of their own free will and consent without any coercion, since they are
adults. Further, it is stated that private respondent and other family
members have got annoyed and there is serious danger to their lives as
they are being threatened and harassed. In support of their age, petitioners
have brought on record their Aadhar Card and perusal of the same, it is
evident that both the petitioners are major. The averments made in the
petition are supported by the joint affidavits of the petitioners.
4 It is stated that they have apprehension that private respondent can
eliminate them for the honour of her family. In case, this Court does not
grant them protection, their lives may be endangered.
5. On the other hand, learned Standing Counsel submits that the
petitioners were already married and are staying in live-in-relationship out
their free will and consent but protection cannot be granted and if such is
being asked the same amounts to commission of offence under Section
494/495 I.P.C. In support of his contention, leaned Standing Counsel
relied upon a Judgement of this Court passed in Writ-C No. 18743 of
2020 (Asha Devi and another Vs. State of U.P. and other), decided on
01.12.2020.
6. It is well settled law that writ of mandamus cannot be issued contrary
to law or to defeat a statutory provision including the penal provision. In
WRIC No. 19077 of 2026
2
the instant case, it is admitted fact that petitioner no.1 is a married lady
and is in live-in-relationship with the petitioner no.2 and therefore, in the
opinion of this Court, no protection can be granted by issuing a writ of
mandamus.
7. The writ petition lack merits and is accordingly, dismissed.
(Dr. Gautam Chowdhary,J.)
September 8, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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