Allahabad High Court Weekly Round-Up: January 13 To January 19, 2025

NOMINAL INDEX 2025 LiveLaw (AB) 9 Gandharv Kumar @ Gaurav vs. State of U.P. 2025 LiveLaw (AB) 10 2025 LiveLaw (AB) 11 Arun Prasad vs. State of U.P. 2025 LiveLaw (AB) 12 Amit Dhama v. Smt Pooja And 2 Others 2025 LiveLaw (AB) 13 Atul Gautam vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2025 LiveLaw (AB) 14 Zulfikar Ahmad And 7 Others vs. Jahangir Alam 2025 LiveLaw (AB) 15 Rachit Verma v. Smt. Anuradha Dey 2025 LiveLaw (AB) 16 Sachin Sonkar vs. State of U.P. 2025 LiveLaw (AB) 17 Jaimangal Yadav vs. The State Of U.P. 2025 LiveLaw (AB) 18 Vijay Kumar Yadav vs. State Of U.P. And 8 Others 2025 LiveLaw (AB) 19 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost Case citation: 2025 LiveLaw (AB) 9 The Allahabad High Court recently dismissed a protection plea filed by a married woman, employed in the police department and currently on childcare leave, along with her live-in partner, who is also married to another woman and a father of a 12-year-old child, while imposing a cost of ₹50,000 on the petitioners. A bench of Justice Vinod Diwakar imposed this cost on the petitioners as it noted that the petitioners had moved the HC with his protection plea concealing the fact that petitioner no. 2 (man), without divorcing his earlier wife, started living in a relationship with petitioner no.1 (woman. Teachers' Role Crucial In Shaping Future Of Democratic Nation's Citizens; Their Impact Extends Beyond Classroom: Allahabad HC Case title - Gandharv Kumar @ Gaurav vs. State of U.P. 2025 LiveLaw (AB) 10 Case citation: 2025 LiveLaw (AB) 10 The Allahabad High Court has observed that Teachers play a crucial role in shaping the future citizens of a democratic nation, influencing their academic development and mounding their civil consciousness and ethical values. A bench of Justice Sanjay Kumar Singh added that the role of a teacher is multifaceted and carries significant responsibilities that extend beyond the mere imparting of knowledge, and the impact of responsibilities extends beyond the classroom. Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court Case citation: 2025 LiveLaw (AB) 11 While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix should be given primary consideration, but at the same time, it should also be kept in mind that nowadays there can be no presumption that in all the matters, prosecutrix would always tell the entire story truthfully,” a bench of Justice Sanjay Kumar Singh observed. Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC Case title - Arun Prasad vs. State of U.P. 2025 LiveLaw (AB) 12 Case citation: 2025 LiveLaw (AB) 12 While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while granting relief to a 20-year-old accused arrested in September 2024, who is currently facing a chargesheet under Sections 376, 504, and 506 IPC. Daughter Living With Father At Time Of Separation Does Not Deprive Mother Of Right To Custody As Natural Guardian: Allahabad High Court Case Title: Amit Dhama v. Smt Pooja And 2 Others 2025 LiveLaw (AB) 13 [FIRST APPEAL No. - 922 of 2024] Case citation: 2025 LiveLaw (AB) 13 Observing that the mother is the natural guardian of a 4-year-old daughter, the Allahabad High Court has held that even if the company of the minor daughter was given to the husband at the time of separation, it would not deprive the mother of her right to custody of the daughter. The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Merely because the mother has been deprived of the company of her daughter at the time when the couple separated and fact that the daughter had continued to be in company of the father for sometime itself would not be sufficient circumstance to deny custody of the minor daughter to the mother who is her natural guardian. Various physical, emotional and psychological needs of the four year old daughter would be better protected in the care and custody of her mother.” Allahabad HC Grants Bail To Rape Accused On Condition Of Marrying Inter-Faith...

Allahabad High Court Weekly Round-Up: January 13 To January 19, 2025

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