Uttarakhand High Court
WPCRL/323/2024 on 4 April, 2024
Author: Pankaj Purohit
Bench: Manoj Kumar Tiwari, Pankaj Purohit
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WPCRL No. 323 of 2024
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Ms. Mamta Bisht, Advocate for the petitioners.
2. Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand.
3. Petitioners have approached this Court for protection. According to petitioners, they studied together in a school since 2010 and developed mutual liking towards each other, and now, they want to get married, however, respondent nos. 4 to 10, who are family members of petitioner no. 2 are opposing their alliance, therefore, they are extending threat to both the petitioners. As per the documents enclosed with the writ petition, both the petitioners are major. High School Certificate of petitioner no. 2 is on record as Annexure-1, which indicates her date of birth as 01.05.2000.
4. Petitioners appeared before us. They are duly identified by Ms. Mamta Bisht, Advocate. Petitioner no. 1 stated that he possesses BBA qualification, and presently he is employed in Maintenance Department in a Private Company named as Delta Electronics in SIIDCUL, District Udham Singh Nagar. Petitioner no. 2 stated that she has passed B.Ed. from Guru Nanak Degree College, which is affiliated to Kumaon University. Both the petitioners stated that they intend to get marry as per provisions of Special Marriage Act, without converting their religion. They further stated that due to their interfaith relationship, there is grave threat to their life and liberty at the hands of private respondents.
5. Since both the petitioners are major and they have voluntarily entered into a relationship, without there being any threat or coercion, therefore, in view of law laid down by Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and Another; 2006 (5) SCC 475, they are entitled to protection.
6. Accordingly, writ petition is disposed of with direction to SHO, Police Station, Rudrapur, District Udham Singh Nagar to provide protection to petitioners for a period of 8 weeks to ensure that no harm is caused to them by private respondents or any other person acting at their behest. Upon expiry of 8 weeks, the SHO concerned shall make fresh assessment of threat perception of petitioners and take such steps, as are felt necessary. The SHO concerned shall summon the respondent no. 4 to 10 and counsel them not to take law into their own hands.
7. Let a certified copy of this order be issued today itself.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 04.04.2024 Navin