Division Bench of this Court in Asha Devi and Another vs. State of U.P. and 3 others, (2020) Supreme (Alld) 1084, considered the question of grant of protection to a heterogeneous couple, who are living in live-in relationship and held that it is It is settled law that writ of mandamus can be issued if the petitioner has 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 the petition. Similar view has also been taken by Hon'ble Supreme Court in Kalyan Singh vs. State of U.P., AIR 1962 SC 1183 , and in Director of Settlement, A.P. Vs. M.R. Apparao, (2002) 4 Supreme Court Cases 638 , Applying the principles of issuance of writ of mandamus on the facts of the present case, we find that the petitioners have no legal right for protection on the facts of the present case inasmuch as such the protection as being asked, may amount to protection against commission of offence under Section 494/495 I.P.C. It is well settled law that writ of mandamus can not be issued contrary to law or to defeat a statutory provision including penal provision. The petitioners do not have legally protected and judicially enforceable subsisting right to ask for mandamus.
