Court No. - 39
Case :- WRIT - C No. - 19131 of 2019 Petitioner :- Rubina And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kashi Naresh Mishra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Kashi Naresh Mishra, learned counsel for the petitioners and learned standing counsel for the State - respondent nos. 1 & 2.
The petitioner no. 1 is stated to have married with petitioner no. 2. The petitioner no. 2 is stated to be married to one Smt. Sabeena. The petitioner no. 1 is not in possession of her High School certificate, although she claims to have cleared the High School examination as stated in paragraph no. 6 of the writ petition.
The petitioners want protection of the High Court against any interference in the peaceful life of the two petitioners. However, in view of the own admission of the petitioner no. 1, that the petitioner no. 2 is married to Smt. Sabeena, and it cannot be ruled out that Smt. Sabeena may apply for restitution of conjugal rights, which is a claim legally available to her, we cannot grant any protection in such a situation where the marriage of the petitioner no. 2 still subsists with the said Smt. Sabeena.
We, therefore, find no good ground for interference. The writ petition is, accordingly, dismissed.
Order Date :- 31.5.2019 Amit Mishra