Smt. Rekha And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 1621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- WRIT - C No. - 35526 of 2022
 

 
Petitioner :- Smt. Rekha And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Alauddin
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Deepak Verma,J.

Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.

Petitioners have filed the present petition seeking following relief:

"(a) Issue a writ order or direction in the nature of mandamus commanding the respondents concerned not to harass/threaten the petitioners and further restrain them from interfering in the peaceful married life of the petitioner nos.1 & 2.

(b) issue a writ, order or direction in the nature of mandamus commanding the respondents concerned not to harass/victimized the family member of petitioner no.2, who are the in-laws of the petitioner no.1, except in accordance with law."

Learned counsel for the petitioners submits that petitioner No.1 (Smt.Rekha) was married with respondent no.4 (Ramesh). Petitioner no.1 and 2 are living together in a live-in-relation as per their own free will from last two years. The respondent no.4 (husband of the petitioner no.1) making visit at the residence of the petitioner no.1 alongwith his parents and extended all sorts of threat. Hence, this writ petition.

Per contra, learned Standing Counsel has placed reliance over order passed by the Division Bench of this Court in Writ 'C' No.11295 of 2021 (Smt.Premwati and another vs. State of U.P. & 5 others).

In view of Division Bench judgment referred above, Court is not inclined to issue writ of mandamus.

In view of the aforesaid facts, the writ petition stands dismissed.

Order Date :- 16.1.2023

SKD