Allahabad High Court
HUSAN TARA AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court held that no protection can be granted in the present circumstances and dismissed the writ petition.
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 argued that they faced danger of being eliminated for family honour. The State contended that petitioner No.2 is already married, making the live-in relationship unlawful and that granting protection would amount to aiding an offence under Sections 494 and 495 of the Indian Penal Code. The Court noted that a writ of mandamus cannot be issued contrary to law or to defeat a penal provision, and relied on the precedent of Asha Devi (2020) which held similar protection could not be granted. Consequently, the Court found the petition without merit and dismissed it.
Issues considered
- Can a writ of mandamus be issued to protect individuals in a live-in relationship where one party is already married?
- Does granting such protection amount to contravention of Sections 494 and 495 of the Indian Penal Code?
- Does the petition have sufficient merit to warrant the issuance of a writ of mandamus?
Legislation cited
- Indian Penal Code — s. 494, 495
Subjects
- live-in relationship
- writ of mandamus
- Section 494 IPC
- Section 495 IPC
- marital status
- protection order
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39796 of 2026
Husan Tara And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Kumar Yadav, Harishchandra
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
WRIC No. 39796 of 2026
2
instant case, it is admitted fact that the petitioner No. 2 is a married man 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 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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