IMPORTANT POINT
A valid divorce must be obtained before entering into a new marriage; otherwise, the subsequent marriage is not recognized legally.

JUDGMENT :

Hon'ble Mrs. Renu Agarwal, J.- 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 commanding/directing the respondent Nos. 2 and 3 to secure the security of life and property of the petitioners from the respondent No. 4.

2. Heard learned counsel for the petitioners, Mr. Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for State respondents and perused the record.

3. It is submitted by the learned counsel for the petitioners that both the petitioners are major and are of marriageable age and profess the same religion. It is further submitted that petitioner No. 1 is legally wedded wife of respondent No. 4 and she belong to Muslim community. The date of birth of petitioner No. 1 is 1.2.1997 and the date of birth of petitioner No. 2 is 1.1.1995, in support thereof the petitioner No. 1 has brought on record copy Birth Certificate and petitioner No. 2 has brought on record copy of Adhar Card respectively which are annexed as Annexure 2 to the affidavit filed in support of the writ petition. It is submitted that petitioner No. 1 solemnized marriage with respondent No. 4 according to Muslim Rites and Rituals. Thereafter, one daughter and one son was born out of wedlock of petitioner No. 1 and 4. It is further submitted that respondent No. 4 started illegal demand of money which was not fulfilled by parents of petitioner No. 1, thereafter, in April 2019, respondent No. 4 gave Triple Talaq to petitioner No. 1 and ousted the petitioner No. 1 from his house. After four years of the Khula Talaq to the petitioner No. 1, she solemnized her marriage with petitioner No. 2 according to Muslim Rites and Rituals. It is contended that after solemnization of their marriage, petitioners applied for registration of their marriage before the Marriage Registration Officer, under the provision of the Marriage Registration Rules, 2017 and their marriage was registered on 10.011.2023 and copy of the marriage registration certificate is annexed as Annexure 3 to the petition. It is further contended that after solemnization of the marriage of the petitioners, respondent No. 4 started threatening and interfering in the matrimonial life of petitioner No. 1. Being aggrieved with the alleged threatening, petitioner No. 1 moved an application through registered post to the Inspector Incharge of Police Station-Ghoorpur, District-Prayagraj, however, no protection was provided to the petitioners, hence, it is prayed to issue an order or direction in the nature of mandamus directing respondents not to interfere in the peaceful marriage life of the petitioners and to secure the personal life and liberty of the petitioners from respondent No. 4. and his associates.

4. Learned Additional Chief Standing Counsel appearing on behalf of the State submitted that petitioner No. 1 has not obtained decree of divorce from her previous husband and NCR No. 123/2023 under Section 498, 504 I.P.C., police station-Ghoorpur, Prayagraj has also been lodged by respondent No. 4 against petitioner No. 2 which is still pending, hence, protection cannot be granted to the petitioner and opposed the prayer of the petitioners.

5. In view of the order proposed to be passed, there is no need to issue notice to private respondent. With the consent of learned counsel appearing for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court.

6. I have heard the rival submissions advanced on behalf of the parties and perused the entire materials brought on record.

7. Perusal of the record reveals that date of birth of petitioner No. 1 is 1.2.1997 as per her Birth Certificate, and date of birth of petitioner No. 2 as per his Adhar Card is 1.1.1995 and both the petitioners are major. Petitioners have solemnized their marriage on 12.10.2023 according to Muslim Rites and Rituals and their marriage has been registered