Petitioners sought writs of Mandamus for security and direction against State interference in a marital dispute. The Court dismissed the petition as the petitioner is married and no divorce has been initiated.
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Court No. - 32
Case :- WRIT - C No. - 12981 of 2019 Petitioner :- Savitri And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
This petition has been filed for the following reliefs :-
(i) issue a suitable writ, order or direction in the nature of Mandamus commanding the respondent Nos.2 and 3 to provide security to the petitioners.
(ii) issue a suitable writ, order or direction in the nature of Mandamus commanding the respondents to not to inter in peaceful life of the petitioners.
(iii) any other order or direction as this Hon'ble Court may deem fit and proper upon the facts and in the circumstances of the case, in favour of the petitioners.
(iv) Award cost of the writ petition.
Learned counsel for the petitioners states that petitioner No.1 had solemnized marriage with respondent No.4 on 28.06.2005. Admittedly, no divorce petition has been filed either by petitioner No.1 or respondent No.4. Further neither of the parties appears to be inclined to take divorce. Learned counsel further states that even though petitioner no.1 is married to respondent No.4 but is living with petitioner No.2 due to which respondents No.4 to 10 are causing interference in their peaceful living.
In view of the fact, petitioner No.1 is married to respondent No.4, we do not see any justification to interfere in the matter.
The writ petition, is accordingly, dismissed.
However, it is open for the petitioner to seek remedy for redressal of his grievance before the appropriate forum, in accordance with law. Order Date :- 15.4.2019 Rishabh
2 issues framed by the court
Whether the court can direct the State to provide security to an aggrieved party in a marital dispute without a divorce petition.
Whether the court can issue a writ directing the State not to interfere in the peaceful life of the petitioners in a marital dispute.
Savitri And Another
State Of U.P.
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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