Allahabad High Court
SMT. AFSHA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
A writ of mandamus cannot be granted to protect a bigamous marriage, and the petition is dismissed.
Summary
The petitioners, Smt. Afsha and another, filed a writ petition seeking a mandamus directing the State not to interfere in their marital relationship and to provide them protection. The respondents contended that petitioner No. 2 was already married to another woman and had contracted a second marriage without a divorce, thereby committing bigamy under Sections 494 and 495 of the Indian Penal Code. The Court noted that a writ of mandamus cannot be issued to contravene law or to protect an illegal marriage. Accepting the factual admission that the second marriage was bigamous, the Court held that no protective relief could be granted. Consequently, the petition was dismissed for lack of merit.
Issues considered
- Whether a writ of mandamus can be issued to protect a marriage that is void as bigamous under the IPC
- Whether the court can grant protective relief when the marriage violates Sections 494/495 of the IPC
- Whether the writ petition is maintainable in the circumstances
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- mandamus
- bigamy
- IPC 494
- IPC 495
- marriage
- protective order
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33250 of 2026
Smt. Afsha And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Naushad
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 brought on record.
2. By means of the present petition, the petitioners are seeking for
issuance of a writ of mandamus directing the respondents not to interfere
in the peaceful married life of the petitioners as husband and wife and
further direction has also been sought for the authorities concerned to
provide protection to the petitioners.
4. On the other hand, learned Standing Counsel submits that the petitioner
No. 2 is already married with another women. He has solemnized
marriage with the petitioner No. 1 without any divorce from her previous
wife, therefore, no any protection can 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
the instant case, it is admitted fact that the petitioner No. 2 is a married
person and he has solemnized marriage with the petitioner No. 1, 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 9, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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