Allahabad High Court
GUNJAN KUMARI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
A writ of mandamus cannot be issued to protect a married woman in a live-in relationship as it would violate Sections 494 and 495 of the Indian Penal Code.
Summary
The petitioners, a live-in couple, filed a writ under Article 226 seeking a mandamus directing the police to protect them from threats by the private respondent and family members. The petitioners argued that they faced danger of being eliminated for family honour. The State contended that petitioner No.1 is already married and her live-in relationship constitutes an offence under Sections 494 and 495 of the Indian Penal Code, and that a mandamus cannot be issued to contravene criminal law. Relying on the precedent of Asha Devi v. State of U.P., the Court held that granting protection would amount to violating the penal provisions. Consequently, the Court dismissed the petition as lacking merit.
Issues considered
- Whether a writ of mandamus can be issued to direct police protection for a live-in couple where one partner is already married.
- Whether granting such protection would contravene Sections 494/495 of the Indian Penal Code.
- Whether the petition has sufficient merit under Article 226 of the Constitution.
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- live‑in relationship
- mandamus
- Article 226
- police protection
- IPC 494
- IPC 495
- marital status
- family honour
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36673 of 2026
Gunjan Kumari And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 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 petitioner
no.1 is in live-in-relationship with the petitioner no.2 and is residing
without marrying with the petitioner no.2. 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 offence under Section 494/495 I.P.C. In
support of his contention, leaned Standing Counsel relied upon a
WRIC No. 36673 of 2026
2
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.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.
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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