Allahabad High Court
SANI KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court held that no protection can be granted and dismissed the writ petition.
Summary
The petitioners, who are in a live-in relationship, filed a writ of mandamus seeking protection of their life and liberty, alleging threats from private respondents. The court noted that petitioner No.1 is already married and is cohabiting with petitioner No.2 without a divorce, which could constitute an offence under Sections 494 and 495 of the Indian Penal Code. The court held that a mandamus cannot be issued to contravene statutory provisions or to protect conduct that is potentially illegal. Relying on the precedent of Asha Devi v. State of U.P., the court found the petition devoid of merit. Consequently, the writ petition was dismissed.
Issues considered
- Can a writ of mandamus be issued to protect individuals in a live-in relationship where one party is already married?
- Does granting such protection violate the provisions of IPC Sections 494 and 495?
- Does the petition have sufficient merit to warrant the issuance of a writ?
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- live-in relationship
- mandamus
- protection of life and liberty
- bigamy
- IPC 494
- IPC 495
- writ petition
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34130 of 2026
Sani Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Pal Singh, Rajat Kumar Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the petitioners, learned Additional Chief
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 to safeguard the petitioners'
life and liberty of the petitioners.
3. This writ petition has been filed by petitioners with the submissions that
they are living together in live in relationship and that private respondents
have been giving threats to them, therefore, they should be granted
protection from unnecessary harassment. 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.
4. On the other hand, learned Additional Chief Standing Counsel submits
that the petitioner No. 1 is living in live in relationship with the petitioner
No. 2 without any divorce from his 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.
5. It is well settled law that a 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. 1 is a married man and
is in live-in-relationship with the petitioner No. 2, without any divorce from
his previous wife, and, therefore, in the opinion of this Court, no protection
can be granted by issuing a writ of mandamus in view of the law laid down
WRIC No. 34130 of 2026
2
in Asha Devi (supra).
6. The writ petition lack merits and is, accordingly, dismissed.
(Dr. Gautam Chowdhary,J.)
September 30, 2026
Priyanka
Digitally signed by :-
PRIYANKA KUSHWAHA
High Court of Judicature at Allahabad
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