Disposed¶9

Smt. Nisha Gond and Another v. State of U.P. and 3 Others

Allahabad HC12 Mar 2025WRIC/7346/2025

Case brief

AI extract

What is this about?

Allahabad High Court, WRIT - C No. 7346 of 2025, decided 21.5.2025 (Neutral Citation 2025:AHC:86119), Saurabh Srivastava, J. Police protection / peaceful marital life writ seeking mandamus against interference by relatives; Court found no serious threat perception, no peril to life and liberty; security not claimable as a matter of course or right; representation pending before SP/SSP Deoria; no FIR application or Section 175(3) BNSS recourse averred; petition disposed of.

What did the court decide?

On perusal of the pleadings the Court found no serious threat perception to the petitioners, and therefore there was no requirement of passing any order providing police protection to them. ¶3

Smt. Nisha Gond and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

¶9

Issue for consideration

Whether a writ of mandamus should be issued directing the respondents not to interfere in the petitioners' peaceful marital life. +1 more

¶2

Ratio / Principle

On perusal of the pleadings the Court found no serious threat perception to the petitioners, and therefore there was no requirement of passing any order providing police protection to them.

¶3

Key takeaways

There was no material or reason to conclude that the petitioners' life and liberty were at peril; there was not even an iota of evidence that the private respondents (relatives of either petitioner) were likely to cause physical or mental assault.ratio¶4
In a deserving case the Court can provide security to a couple, but it cannot lend them the support they have sought; such support was not extended here.ratio¶5
If any person misbehaves or manhandles the petitioners, the courts and police authorities are available to rescue them, but security cannot be claimed as a matter of course or right without any serious threat.

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 7346 of 2025, High Court of Judicature at Allahabad, Saurabh Srivastava, J.) seeking a mandamus that the respondents be restrained from interfering in the petitioners' peaceful marital life, disposed of. On the pleadings the Court found no serious threat perception and no material indicating peril to the petitioners' life and liberty, there being not even an iota of evidence that the private respondents (relatives of the petitioners) were likely to cause physical or mental assault. The Court observed that while security may be provided in a deserving case, it cannot be lent as the support sought, and security cannot be claimed as a matter of course or right without a serious threat; courts and police remain available if any person misbehaves with the couple. Noting the petitioners' pending representation before the SP/SSP, Deoria, and the absence of any specific FIR application or recourse under Section 175(3) BNSS, the Court held no case was made out for its indulgence and disposed of the petition.

¶1

Neutral Citation No. - 2025:AHC:86119

¶2

Court No. - 74

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Case :- WRIT - C No. - 7346 of 2025

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Petitioner :- Smt. Nisha Gond And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mamta Tiwari,Rajesh Yadav Counsel for Respondent :- C.S.C.

¶5

Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for petitioners and learned Standing Counsel for the State-respondents.

¶7

By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought.

¶8

Upon perusal of the pleadings, this Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them.

¶9

There is no material or reason for this Court to conclude that the petitioners' life and liberty are at peril. There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners.

¶10

In a deserving case, the Court can provide security to the couple, but cannot lend them the support they have sought.

¶11

If any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, but they cannot claim security as a matter of course or right without any serious threat.

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Needless to observe that petitioners have already moved a representation before the Superintendent of Police/Senior Superintendent of Police, Deoria and in case the concerned police finds a real threat perception, they will do the needful in accordance with law.

¶13

It is also observed that no specific application in shape of

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information preferred before the concerned police authorities for lodging any FIR against any illegal conduct carried out by the private respondents, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS.

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In view thereof, no case made out for seeking indulgence of the Court over the prayer as made in the petition, hence, the same is hereby disposed of.

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Order Date :- 21.5.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Smt. Nisha Gond and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Nisha Gond and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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