Uttarakhand High Court
WPCRL/1098/2021 on 6 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
Writ Petition (CRL) No. 1098 of 2021
6th July, 2021
Mr. Mohd. Shariq, learned counsel for the petitioners.
Mr. J.S. Virk, the learned Deputy Advocate General for the State
of Uttarakhand accepts notice on behalf of respondent Nos. 1 &
2.
ORDER:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan) The petitioners, Ms. Monika Rani, and Mr. Shazid Ahmed, have filed the present writ petition, inter alia, on the ground that since they had fallen in love with each other, both of them got married on 21.06.2021 as per the Islamic rites and customs at Mohalla Soniya Basti, Jwalapur, District-Haridwar. The marriage was an inter-faith marriage. According to the Adhar Cards, both the petitioners were major at the time of the marriage. However, the respondent Nos. 3 to 5, who are the father and the brothers of petitioner No. 1, never accepted their marriage. It is stated that the respondent Nos. 3 to 5 are continuously threatening both the petitioners with dire consequences, and are trying to separate both the petitioners from each other. Despite the fact that on 21.06.2021 and 22.06.2021, the petitioners had submitted representations to the Senior Superintendent of Police, District-Haridwar, and to the District Magistrate, Haridwar respectively for the protection of their lives and liberties, so far, no action has been taken by them. Hence, the present writ petition before this Court.
2. The learned counsel for the petitioners has reiterated the abovementioned facts. According to the learned counsel for the petitioners, since both the petitioners are major, they are free to choose their life- partners. Even if respondent Nos. 3 to 5 are opposing the marriage, they cannot be permitted to interfere with the fundamental rights of the petitioners. However, despite the representation made to the Senior Superintendent of Police, District-Haridwar, the police is yet to provide protection to the petitioners. Therefore, he submits that this Court should order the respondent No. 2, the Station House Officer, Police Station Kotwali Jwalapur, District-Haridwar, to immediately provide police protection to the petitioners.
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3. Undoubtedly, persons, who are major, have a fundamental right to choose their own life-partners, even inspite of the opposition voiced by the family members. Therefore, respondent Nos. 3 to 5 should not be permitted to threaten or to hurt the petitioners.
4. Hence, this Court directs the respondent No. 2, the Station House Officer, Police Station Kotwali Jwalapur, District-Haridwar, to immediately provide police protection to both the petitioners. The protection shall not only be for their lives, but shall also extend to protecting their property, if any.
5. Issue notice to respondent Nos. 3 to 5. Rule made returnable within four weeks.
6. The learned Deputy Advocate General for the State seeks four weeks' time to file counter affidavit.
7. List this case after four weeks.
_____________________________ RAGHVENDRA SINGH CHAUHAN, C.J.
___________________ ALOK KUMAR VERMA, J.
Dt: 6th July, 2021 RATHOUR 3