Allahabad High Court
HINA PARVEEN AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
A writ of mandamus cannot be granted as it would be contrary to law, and the petition is dismissed.
Summary
The petitioners, Hina Parveen and another, filed a writ petition seeking a mandamus directing the State to protect their life and liberty, alleging threats from private respondents due to their live‑in relationship. The respondents contended that petitioner No. 2 is already married and is cohabiting with petitioner No. 1, which could constitute an offence under Sections 494 and 495 of the Indian Penal Code. The Court noted that a writ of mandamus cannot be issued in contravention of statutory provisions or to shield conduct that is illegal. Relying on the precedent set in Asha Devi v. State of U.P., the Court held that no protection could be granted. Consequently, the petition was dismissed for lack of merit.
Issues considered
- Whether a writ of mandamus can be issued to protect the life and liberty of parties in a live‑in relationship where one party is already married, potentially violating IPC Sections 494/495.
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- live‑in relationship
- writ of mandamus
- protection of life and liberty
- bigamy
- Section 494 IPC
- Section 495 IPC
- criminal law
- family law
- harassment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38790 of 2026
Hina Parveen And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Yadav
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. 2 is living in live in relationship with the petitioner
No. 1 without any divorce from her 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. 2 is a married man and
WRIC No. 38790 of 2026
2
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 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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