Bharti vs State of U. P. - 2023 Supreme(All) 2048

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2048

RAM MANOHAR NARAYAN MISHRA
Bharti – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Atul Kumar Kushwaha.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and material placed on record.

2. As per the office report dated 17.7.2023, steps has not been taken by the learned counsel for the petitioners for service of notice on respondent No. 4 whereas learned counsel for the petitioners denied this statement of office report and stated that he has already taken steps and prayed that present writ petition be decided on merits as per the averments made in the writ petition and material on record.

3. Learned counsel for the petitioners submitted that the petitioners belongs to Hindu religion and have attained age of majority. They are presently living in live-in relationship out of love and intimacy. They are sui juris and have every right to live together. They are able to understand their interest. They want to solemnized their marriage but as soon petitioner No. 1 has not obtained divorce from her husband, the petitioners could not enter into marital alliance. Their live-in relationship is strongly opposed by respondent No. 4, who is husband of petitioner No. 1. The petitioners are apprehending danger to t

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