Allahabad High Court
SMT. SONI AND ANOTHERversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
A writ of mandamus cannot be issued to grant protection in this circumstance, and the petition is dismissed.
Summary
The petitioners, a married woman and her live‑in partner, filed a writ of mandamus seeking protection from alleged threats by private respondents. They claimed that without such protection their life and liberty were in danger. The State argued that the married petitioner’s cohabitation without divorce amounted to an offence under Sections 494 and 495 of the Indian Penal Code and that a mandamus cannot be issued to defeat a penal provision. The Court noted that it is settled law that a mandamus cannot be granted contrary to statute and relied on the earlier decision in Asha Devi v. State of U.P. The petition was found to lack merit and was dismissed, with no protection order granted.
Issues considered
- Whether a writ of mandamus can be issued to protect individuals in a live‑in relationship when one party is already married.
- Whether the petition amounts to an attempt to circumvent the criminal provisions of IPC Sections 494 and 495.
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- writ of mandamus
- live‑in relationship
- protection order
- IPC 494
- IPC 495
- family law
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37437 of 2026
Smt. Soni And Another
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Birendra Singh Khokher, Shailendra
Kumar Singh
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 her previous husband, 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
WRIC No. 37437 of 2026
2
instant case, it is admitted fact that the petitioner No. 1 is a married woman
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 in view of the law laid down in Asha Devi (supra).
6. The writ petition lack merits and is, accordingly, dismissed.
(Dr. Gautam Chowdhary,J.)
October 1, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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