Kumari And Another  [Petitioner] Vs. State Of U.P. And 3 Others  [Respondent]

WRIT – C No. – 33619 of 2023

(Hon’ble Mrs. Renu Agarwal,J.)

Facts: Instant writ petition under Article 226 of the Constitution has been filed by the petitioners with prayer for issuing writ, order or direction in the nature of mandamus the respondents to protect the life and liberty of the petitioners.

Issue: Whether the present writ petition is maintainable as per the facts of the case?

Arguments on behalf of counsel for petitioner:

It is submitted by that the petitioner No. 2 has already been married to his client. Aadhar Card has also been produced in which name of petitioner No. 2 is shown as the husband. Hence, it transpires that the aforesaid is the wife of petitioner No. 2.

Arguments on behalf of counsel for respondent:

Learned counsel has informed the court that application moved by the petitioner No. 1 to Superintendent of Police, Kasganj for protection. A perusal of the aforesaid application goes to show that the petitioner No. 1 is also the legally wedded wife of one Kumar. Thus, it conspired that both the petitioners are already married.

Held: The court dismissed the present petition and held that, “The Court cannot support such type of relationship which are in contravention of law. As per the Hindu Marriage Act, if spouse of a person is alive or before obtaining decree of divorce a persons cannot get married with another person. If such type of relationship gets the support of Court, it will create chaos in the society and will destroy the social fabric of our country.”