Mamata and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Mamata and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the petitioners; writ petition dismissed with cost of Rs.25,000/- to be deposited before the District Legal Services Authority, Aligarh within thirty days.

Issue for consideration

Whether the petitioners, living in a live-in-relationship against the wishes of their parents, are entitled to protection from the police. +1 more

Ratio / Principle

Since the petitioners approached this Court seeking protection by concealing material facts, the instant writ petition is dismissed with cost of Rs.25,000/-.

Key takeaways

The cost of Rs.25,000/- is to be deposited by the petitioners before the District Legal Services Authority, Aligarh within thirty days, failing which the District Magistrate, Aligarh may recover the said amount as arrears of land revenue.ratio¶13
The District Magistrate concerned is to submit its report before the CJM concerned within fifteen days, and the CJM concerned is to submit its report to this Court within the next fifteen days, to be kept on the record of the writ petition.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Vinod Diwakar, J.) dismissed a writ petition (WRIT - C No. - 26265 of 2024) in which a couple in a live-in-relationship sought police protection against opposition from their parents. On the Court's call for verification, the learned Standing Counsel stated that police verification revealed petitioner no.1, Mamta D/o Kedar Singh, had already been married to one Narendra Kumar on 21.04.2024 and, absent a decree of divorce from her earlier husband, was stated to be legally not entitled to live in a live-in-relationship, rendering the petition based on incorrect and misconceived facts. Holding that the petitioners had approached the Court seeking protection by concealing material facts, the Court dismissed the writ petition with cost of Rs.25,000/-, to be deposited before the District Legal Services Authority, Aligarh within thirty days, failing which recoverable by the District Magistrate, Aligarh as arrears of land revenue; the District Magistrate concerned and the CJM concerned were directed to submit reports to this Court within fifteen days each. The Court did not adjudicate the entitlement to protection on merits.

Neutral Citation No. - 2025:AHC:33846

Court No. - 76

Case :- WRIT - C No. - 26265 of 2024

Petitioner :- Mamata And Another Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Rakesh Kumar Maurya,Shweta Singh Counsel for Respondent :- C.S.C.

Hon'ble Vinod Diwakar,J.

The instructions, handed over by the learned Standing Counsel, to the Court today, is taken on record.

None appeared on behalf of the petitioners even in the revised call whereas Shri Pankaj Singh, learned Standing Counsel for the State-respondents is present. However, keeping in view the huge pendency of the cases, the Court proceeded to hear and dispose of the matter on the assistance of learned Standing Counsel.

The petitioners have filed the instant petition to seek protection from the police as they are living in live-in-relationship against the wishes of their parents.

On the last day of the hearing, the Court sought a verification report regarding the legitimacy and genuineness of the documents filed along with the petition.

Learned Standing Counsel, on the basis of instructions, states that on police verification, it's revealed that the petitioner no.1Mamta D/o Kedar Singh has already been married to one Narendra Kumar son of Satya Prakash, resident of Gilli Ka Nagla, District Bulandshahr on 21.04.2024, therefore, in such a situation, without obtaining the decree of divorce from his earlier husband, the petitioner no.1 is legally not entitled to live in live-in-relationship with petitioner no.2, hence the writ petition has been filed on the basis of incorrect and misconceived facts to secure protection order, and as such the petitioners have approached this Court by concealing the material facts, therefore, the instant writ petition deserves to be dismissed with cost.

Since the petitioners have approached this Court seeking protection by concealing the material facts, the instant writ petition

is dismissed with cost of Rs.25,000/- to be deposited by the petitioners before the District Legal Services Authority, Aligarh, within thirty days from today, failing which, the District Magistrate, Aligarh is at liberty to recover the said amount as arrears of land revenue.The District Magistrate concerned shall submit its report before the CJM concerned within fifteen days, thereafter. The CJM concerned shall submit its report to this Court within next fifteen days to be kept on record of this writ petition.

Order Date :- 7.3.2025 Prajapati

Justice Vinod Diwawkar

Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad