RENU AGARWAL
Faujiya Bano – Appellant
Versus
State of U. P. – Respondent
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 marriag
A valid divorce must be obtained before entering into a new marriage; otherwise, the subsequent marriage is not recognized legally.
Interfaith couples must comply with conversion laws to seek legal protection for their relationship under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
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....
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.
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....
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