RAM MANOHAR NARAYAN MISHRA
Roshani – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Ram Manohar Narayan Mishra, J.)
Instant writ petition under Article 226 of the Constitution has been filed by the petitioners with the following prayer:-
2. Heard learned counsel for the petitioners, Sri Mohd Hamid, learned Standing Counsel for State-respondents, Sri Hasan Abbas and perused the record.
3. Learned counsel for the petitioners submitted that the petitioners are presently living in live-in relationship out of free will and choice after attaining the age of majority. The date of birth of petitioner No. 1 is mentioned as 08.03.2000 in her Class VIII Transfer Certificate as well as in her Voter I.D. Card, the date of birth of petitioner No. 2 is mentioned as 01.01.1998 in his Aadhar Card. They have right to live together without interference of any person being consenting adults. They hav
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 fundamental right to life and liberty, as enshrined in Article 21 of the Constitution of India, includes the right to choose a partner of one's choice and formalize the relationship through marri....
A valid divorce must be obtained before entering into a new marriage; otherwise, the subsequent marriage is not recognized legally.
A legally wedded spouse cannot enter into a live-in-relationship without seeking divorce, as it contravenes existing marriage laws and societal norms.
The legal point established is that seeking protection for a live-in relationship, especially when one party is still legally married to another person, goes against the provisions of the Hindu Marri....
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 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 ....
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