Court No. - 2

Case :- WRIT - C No. - 2805 of 2022

Petitioner :- Smt. Rubeena And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Ashok Kumar Singh Bais

Counsel for Respondent :- C.S.C.

Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajai Tyagi,J.

Heard learned counsel for the petitioners and learned Standing

Counsel for the State respondents.

We do not propose to issue notice to the private respondent, as

we are not passing any adverse order against him.

The petitioner no.1 was earlier married to one Mr. Sarvar son of

Sharafat. It is the contention of the counsel that the respondent

no.5 started harassing the petitioner no.1 and as such she started

living with petitioner no.2. It is alleged the petitioners are living

peaceful life, but the respondent no.5 threatened the petitioners.

From the record it is clear, she made a complaint to the Police

Officer. Learned counsel for the petitioners has relied upon the

order dated 11.12.2019 passed by the Division Bench of this

Court in Writ-C No. 40622 of 2019 (Jyoti and another Vs.

State of U.P. & others) in a similar matter. The operative

portion of the said order is reproduced herein below:

"In case, anyone is interfering in the life of the petitioners, the

appropriate remedy for them is to make a complaint against

such persons before the Magistrate concerned or to lodge an

FIR whereupon, the State machinery, if necessary, will swing

into action and take appropriate measures for the protection of

life of the petitioners.

The writ petition for the above purpose is not the appropriate

remedy and is accordingly disposed of."

As far as the protection is concerned, petitioners may lodge an

F.I.R. The State machinery if feels that the petitioner no.1 has

serious grievance then she may be provided with protection.

This order of protection will not be pressed into service by the

petitioners to contend before any authority where matrimonial

dispute may arise as we have accepted the stand of the

petitioner no.1 that she has been harassed. If she is given Tripal

Talak by the respondent in that case of the matter also we

cannot opine at this juncture.

The prayer of protection is granted in the special circumstances

on the averment in writ petition that petitioner no.1 is a

divorcee and that now she wants live with petitioner no.2. If the

petitioners satisfy the police authorities as submitted by the

Standing Counsel, the police authorities may accord protection

to the petitioners.

With the aforesaid observations, the writ petition stands

disposed of as withdrawn.

Order Date :- 16.2.2022/P.S.Parihar

Digitally signed by POORAN SINGH

PARIHAR

Date: 2022.02.24 16:50:08 IST

Reason:

Location: High Court of Judicature at

Allahabad