Smt. Sakshi And Another vs State Of U.P. And 4 Others
2023 Latest Caselaw 1449 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- WRIT - C No. - 12596 of 2022
 

 
Petitioner :- Smt. Sakshi And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ramesh Kumar Pandey,Awdhesh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Deepak Verma,J.

Heard Sri Ramesh Kumar Pandey, learned counsel for the petitioners, learned Standing Counsel for the State and perused the material placed on record.

This petition has been filed with the following prayer:-

"i. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent Nos.2 and 3 to protect the petitioners from harassment and illegal act of respondent Nos.4 and 5 and their relatives.

ii. issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the peaceful living of petitioners under one roof in live-in-relationship."

Learned counsel for the petitioners submitted that respondent No.5 is husband of petitioner No.1, who got married in the year 2016 but due to matrimonial dispute between them, petitioner No.1 get herself separated and live with petitioner No.2 as live-in-relationship.

Per contra, learned Standing Counsel has placed reliance over the judgment passed by Division Bench of this Court in the case of Smt. Aneeta and another, Writ-C No.14443 of 2021 vide order dated 29.07.2021 and in the case of Smt. Premwati and another, Writ-C No.11295 of 2021 vide order dated 16.06.2021, in which the observation of the Court is quoted herein below:-

"This Court has already disapproved such act in Writ-C No. 11295 of 2021, Smt. Premwati and another Vs. State of U.P. and others. We hold that we are not against granting protection to people who want to live together irrespective of the fact as to which community, caste or sex they belong to. If Devendra Kumar, who is legally wedded husband of petitioner no.1 has barged into the house of petitioner no.2, it is in the realm of criminal dispute for which she can move to the criminal machinery available in the country. But none law abiding citizen who is already married under the Hindu Marriage Act can seek protection of this Court for illicit relationship, which is not within the purview of social fabric of this country. The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per law applicable to the community if Hindu Law does not apply to her.

We do not permit the parties to such illegality as tomorrow petitioners may convey that we have sanctified their illicit relations. Live-in-relationship cannot be at the cost of social fabric of this Country. Directing the police to grant protection to them may indirectly give our assent to such illicit relations."

In view of the judgment passed by Division Bench of this Court, I am not inclined to give relief or protection to the petitioners, therefore, the instant petition is dismissed.

Order Date :- 13.1.2023

Nitin Verma