Court No. - 29
Case :- WRIT - C No. - 41297 of 2019 Petitioner :- Smt. Manoj Kumari Prajapati And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ramanuj Yadav, learned counsel for the petitioners and learned Standing Counsel for State respondents.
The petitioners are in live-in relationship and they allege that their living is being disturbed by the respondents No. 4, 5 and 6 who are private respondents.
The petitioner No.1 is the wife of respondent No.4 and petitioner No.2 is the husband of respondent No.5. Therefore, it is evident that both the petitioners have left their respective spouses and have started living together without obtaining divorce.
In view of the above facts, if the respective spouses of the petitioners are in some way compelling the petitioners to discharge their matrimonial obligations or to obtain divorce before entering into any kind of relationship, it would not be a case of harassment of the petitioners.
Despite the above, if the petitioners feel that their life is being illegally interfered by any private person or they are being threatened or are being beaten, they have a remedy of making a complaint against them either by lodging a First Information Report or a complaint before the Magistrate concerned as may be advised to them whereupon if necessary, State machinery will swing into action and after proper investigation, take the culprits to task.
In view of the aforesaid facts and circumstances and that the discretionary jurisdiction of this Court is not meant to be exercised in favour of the persons who themselves are neglecting their lawful duties of a matrimonial home and in a way are violating the mandate of law though no riders could be placed on their free living.
Accordingly, we decline to intervene in the matter and leave it to the petitioners to take other remedial measures.
The writ petition stands disposed off accordingly.
Order Date :- 18.12.2019 Nirmal Sinha