Shilpa Ishwar Borghare And Another vs State Of U.P. And 3 Others
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Allahabad High Court

Shilpa Ishwar Borghare And Another vs State Of U.P. And 3 Others on 5 February, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:19554
 
Court No. - 88
 

 
Case :- WRIT - C No. - 40016 of 2023
 

 
Petitioner :- Shilpa Ishwar Borghare And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vijaya Shankar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri V.S. Shukla, learned counsel for the petitioners and Sri Hasan Abbas, learned Standing Counsel for the State-respondents are present.

Present writ petition has been filed with prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents not to harass the petitioners in connection with marriage dated 7.11.2023.

Learned counsel for the petitioner fairly admits that petitioner no. 2 has not completed the age of 21 years of marriageable age.

Learned Standings Counsel vehemently opposed the prayer. He has also placed reliance on a judgment of this Court in Writ C No. 18743 of 2020, (Asha Devi and Another vs. State of U.P. and three others), passed on 1.12.2020 and submits that protection cannot be granted to the petitioners as the petitioner no. 2, who has not completed the age of 21 years for the marriage.

It is a settled law that a writ of mandamus can be issued if the petitioners have a legal right to the performance of a legal duty by the party against whom, the mandamus is sought and such right must be subsisting on the date of petition. Similar view has also been taken by Supreme Court in Kalyan Singh vs. State of U.P. ( AIR 1962 SC 1183) and Director of settlement, A.P. Vs. M.R. Apparao, (2002) 4 SCC 638. It is also well settled law that a writ can not be issued contrary to law or to defeat a statutory provision including penal provision.

In view of above facts and circumstances, the instant writ petition lacks merit and is, accordingly, dismissed.

Order Date :- 5.2.2024/A.P. Pandey