Uttarakhand High Court
WPCRL/359/2021 on 25 February, 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
CRIMINAL WRIT PETITION NO.359 OF 2021
25TH FEBRUARY, 2021
Between:
Nisha and another.
.......Petitioners
and
State of Uttarakhand and others.
.......Respondents
Counsel for the petitioners : Mr. Mehboob Rahi,
learned Advocate
holding brief of
Mr. Abhishek
Verma.
Counsel for the respondents : Mr. J.S. Virk,
learned Deputy
Advocate General
with Mr. Rohit
Dhyani, Brief
Holder for the
State.
The Court made the following:
ORDER : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
Issue notice to respondent nos. 3 to 5, returnable
within four weeks.
2. Ms. Nisha, daughter of Mr. Mohan Singh
Rana (petitioner No.1) and Mr. Arif Khan, son of Mr.
Irfan (petitioner No.2) have filed the present writ
petition, inter-alia, on the facts and grounds that in
the year 2006 petitioner No.1 was earlier married to
one Mr. Kamal. During her married life, she was
blessed with a daughter. However as differences
arose between petitioner No.1 and Mr. Kamal, they
divorced each other; the divorce judgment and decree
is dated 26.08.2019.
3. Meanwhile, Arif Khan, the petitioner No.2
was earlier married to one Ms. Sahana. However,
unfortunately Ms. Sahana expired on 20.08.2011.
Her death certificate has also been attached with the
present writ petition. Thus, the petitioner No.1
happens to be a divorced lady, and the petitioner
No.2 happens to be a widower.
4. Since the petitioner Nos.1 and 2 came to
know each other, they fell in love and were living in a
live-in relationship. However, subsequently they
decided to get married under the Special Marriage
Act, 1954. Therefore on 22.01.2021, they filed an
application before the Sub Divisional Magistrate,
Vikasnagar, District Dehradun, under the said Act. As
soon as notices were issued to the relatives of
2
petitioner No.1, the petitioner No.1 was and is being
subjected to torture by her relatives, namely
respondent nos. 3, 4 and 5. According to her, she is
being harassed in order to convince her not to
perform her marriage with petitioner No.2. Since, she
is resisting the harassment and the pressure of the
family, petitioner No.1 claims that on 19.02.2020,
some of her relatives dashed a two wheeler against
her, thereby causing injuries on her body. They
further threatened her with dire consequences, if she
were to perform the proposed marriage with
petitioner No.2. In order to establish the plea,
petitioner no.1 has submitted the medical report and
the complaint submitted by her through e-mail with
the present writ petition. Therefore both the
petitioners have sought Police protection from this
Court.
5. Needless to say, it is the constitutional duty
of the State to protect the life of its people. Since
both petitioner Nos. 1 and 2 are major, they are free
to marry each other, even if, there is a protest by the
family members. Obviously the family members
cannot be permitted to take the law in their own
hands and to threaten, the petitioners.
3
6. In catena of cases, the Hon'ble Supreme
Court has clearly observed that marriage falls within
the right of privacy and right to human dignity.
Therefore, respondent nos. 3 to 5 cannot be
permitted either to invade the right of privacy, or to
encroach upon the right to dignity. Hence, respondent
nos. 3 to 5 are not justified in imposing their will upon
petitioner Nos.1 and 2.
7. Since, the petitioners do apprehend, threat
to their life and property, the Station House Officer,
Police Station Vikasnagar, District Dehradun is
directed to immediately provide Police protection to
the petitioner Nos. 1 and 2, during the pendency of
this writ petition.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt:25th February, 2021
Neha/Shubham
