RENU AGARWAL
Gajala – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.
2. 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 not to interfere in the peaceful married life of the petitioners as husband and wife.
3. It is submitted by the learned counsel for the petitioners that as per aadhar card the date of birth of petitioner No.1 is 03.01.1993 and she is aged about 31 years and the date of birth of the petitioner No.2 as per his aadhar card is 07.09.2002 and he is aged about more than 21 years. It is submitted that petitioner no.1 was earlier married with one Shahrukh on 04.03.2014 and since the petitioner No. 1 was not able to conceive, she was thrown out from her matrimonial house. Thereafter, in the year 2022 when the petitioners No.1 was working in NOIDA, she met petitioner No. 2 and since then they are living in relationship. It is further submitted that the parents of petitioner no.1 and her other family members are interfering in their peaceful live-in-relationship. The petitioners apprehend dang
A valid divorce must be obtained before entering into a new marriage; otherwise, the subsequent marriage is not recognized legally.
Compliance with the U.P. Prevention of Unlawful Conversion of Religion Act and evidence of a domestic relationship are crucial factors in seeking protection for interfaith live-in relationships.
The main legal point established in the judgment is that the protection of live-in-relationships must comply with the statutory provisions, including the requirement for conversion under the Uttar Pr....
The legal point established is the requirement for a live-in relationship to fulfill conditions akin to marriage and the need for evidence of a permanent relationship to be considered for protection ....
Mandamus cannot be issued to protect illegal relationships, as it contravenes statutory provisions and requires the existence of a legal right.
A writ of mandamus cannot protect an illegal relationship, particularly when one party is still legally married, as it contravenes statutory provisions.
The court ruled that a live-in relationship cannot be protected under law if one party is a minor at its inception and no application for conversion has been filed as mandated by the Uttar Pradesh Pr....
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