Allahabad High Court
ANITA AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
A writ of mandamus cannot be issued as it would be contrary to law, and the petition is dismissed.
Summary
The petitioners, Anita and another, who are in a live-in relationship, filed a writ petition under Article 226 seeking a mandamus directing the police to protect them from threats by private respondents. The first petitioner is a widow and the second is a married man; the State argued that the relationship amounts to adultery under Sections 494 and 495 of the Indian Penal Code and that granting protection would contravene the law. The court noted that a writ of mandamus cannot be issued to defeat a statutory provision. Consequently, the court held that it could not grant the requested protection. The petition was dismissed for lack of merit.
Issues considered
- Whether a writ of mandamus can be issued to direct police protection for parties in a live-in relationship where one party is married, contrary to Sections 494/495 IPC.
- Whether the court can grant protection despite the alleged offence of adultery under the IPC.
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- live-in relationship
- mandamus
- police protection
- adultery
- IPC 494
- IPC 495
- Article 226
- writ petition
- constitutional law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36640 of 2026
Anita And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar, Jai Prakash Prasad, Savan
Kumar
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 writ petition, the petitioners have prayed for a
writ in the nature of mandamus directing the respondents not to interfere
in their peaceful life and also for a direction to provide protection.
3. It is stated by the learned counsel for the petitioners that both the
petitioners are major and are staying in a live-in relationship. 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. Hence, the petitioners have filed this writ
petition under Article 226 of the Constitution of India for issuance of a
direction upon the Police Authorities to protect their life from the private
respondents. 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 Standing Counsel submits that the husband
of the petitioner no.1 was died and thereafter, she is in live-in-relationship
with the petitioner no.2 but the petitioner no.2 is already married and his
wife is alive. He further submits that the petitioner no.1 was earlier
already married with the respondent no.4 and is residing with the
petitioner no.2 though out her free will and consent but protection cannot
be granted and if such is being asked the same amounts to commission of
WRIC No. 36640 of 2026
2
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 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 petitioner no.2 is a married person
and is in live-in-relationship with the petitioner no.1 and therefore, in the
opinion of this Court, no protection can be granted by issuing a writ of
mandamus.
6. The writ petition lack merits and is accordingly, dismissed.
(Dr. Gautam Chowdhary,J.)
September 14, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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