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RENU AGARWAL
Pooja Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
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 the respondents for not disturbed the marriage life of petitioners.
2. Heard Sri. S.D. Dwivedi, learned counsel for the petitioners, Sri. Ravi Kant Shukla, learned counsel for opposite party no.3, Sri. Yogesh Kumar, learned Standing Counsel for State and perused the record.
3. Learned counsel for the petitioners submitted that both the petitioners have attend the age of majority. As per high school certificate-cum-marks sheet the date of birth of petitioner no.1-Smt. Pooja Devi is 08.12.1992 and she is aged about more than 31 years. As per the high school certificate-cum-marks sheet of petitioner no.2 Rinku Kumar is 12.06.2002 and he is aged about more than 23 years. It is submitted that petitioner no.1 earlier marriage with respondent no.3 Pramod Kumar, who is habitual drinker and regularly beaten to the petitioner no.1, due to which she left the house of respondent no.3 and started live with petitioner no.2 of her own free will as live-in-relationship alongwith her child. T
A writ of mandamus cannot protect an illegal relationship, particularly when one party is still legally married, as it contravenes statutory provisions.
Mandamus cannot be issued to protect illegal relationships, as it contravenes statutory provisions and requires the existence of a legal right.
A valid divorce must be obtained before entering into a new marriage; otherwise, the subsequent marriage is not recognized legally.
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 ....
The court's orders in the nature of mandamus were issued to protect the life and liberty of the petitioners, and the court emphasized that its orders should not be used to substantiate the relationsh....
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 live-in relationship cannot be legally recognized if one party is still married, as the marriage remains valid until dissolved.
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.
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