Allahabad High Court
KAVITA AND ANOTHERversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
A writ of mandamus cannot be issued to grant protection to petitioners in a live‑in relationship where one party is married, as it would contravene statutory provisions.
Summary
The petitioners, who are in a live‑in relationship, filed a writ petition seeking a mandamus directing the State to protect their life and liberty from alleged threats by private respondents. The petitioners claimed they faced danger of being eliminated for family honour. The State contended that petitioner No. 1 is a married woman cohabiting with petitioner No. 2, which amounts to an offence under Sections 494 and 495 of the Indian Penal Code, and that a mandamus cannot be issued to defeat a statutory provision. The Court reiterated the settled principle that a writ of mandamus cannot be granted contrary to law and relied on the earlier decision in Asha Devi v. State of U.P. The Court held that no protection could be granted in view of the petitioners’ marital status and the legal prohibition on such relationships. Consequently, the writ petition was dismissed for lack of merit.
Issues considered
- Whether a writ of mandamus can be issued to protect petitioners who are in a live‑in relationship where one party is already married.
- Whether granting such protection would contravene Sections 494 and 495 of the Indian Penal Code.
- Whether the court can issue a mandamus contrary to a statutory provision.
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- live-in relationship
- mandamus
- protection order
- adultery
- Section 494 IPC
- Section 495 IPC
- writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38715 of 2026
Kavita And Another
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Pal, Ranjeet Pal
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
instant case, it is admitted fact that the petitioner No. 1 is a married woman
WRIC No. 38715 of 2026
2
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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