Uttarakhand High Court
WPCRL/512/2021 on 18 March, 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.512 OF 2021
18th March, 2021
Between:
1. Smt. Shivani D/o Shri Shiv Kumar,
2. Aaditya Pal S/o Sukhpal
Both R/o Lalwala Khalsa, Bhagwanpur,
Haridwar District-Haridwar ....Petitioners
and
State of Uttarakhand & others ......Respondents
Counsel for the appellant : Mr. Shariq Khurshid,
learned Advocate, proxy
counsel for Mr. Gaurav
Singh, learned counsel
for the petitioners.
Counsel for the respondent : Mr. J.S. Virk, learned
Deputy Advocate General
with Mr. Rakesh Kumar
Joshi, learned Brief
Holder for the State.
The Court made the following :
JUDGMENT : (per Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan)
2
The petitioners have filed this petition, inter alia,
on the grounds that although they belong to two different
castes, they were in love with each other; they got married
according to Hindu rites and rituals on 06.03.2021 at Arya
Samaj Mandir.
2. According to them, their marriage has been
registered. However, the respondent no.3-the father of
petitioner No.1, is unhappy with the marriage. Therefore, he
started threatening both the petitioners. According to the
petitioners, on 09.03.2021, they had sent a representation
to the Senior Superintendent of Police, Haridwar, and clearly
pointed out that they are being threatened by respondent
No. 3. But despite their representation, no action has been
taken by the police as yet. Therefore, the petitioners have a
bona-fide fear that both their life and properties are under
threat from the respondent no. 3.
3. Needless to say, since the petitioners are
major, they have a fundamental right to marry each other,
even if the family members of the petitioner no.1 are
disagreeable with the marriage. The respondent no.3 cannot
be permitted to harass or to threaten the petitioners.
Therefore, the Station House Officer, Police Station
3
Bhagwanpur, District Haridwar is directed to provide the
police protection to both the petitioners. The police shall also
protect their properties, if any. The police shall also ensure
that the respondent No. 3, and/or their relatives, or their
henchmen do not threaten, or cause any harm to the
petitioners or to their properties.
6. Issue notices to respondent No. 3.
7. The learned counsel for the State/respondents
seeks four weeks' time to file counter affidavit.
8. The time, as prayed for, is granted.
9. List this case after four weeks.
10. Let a certified copy of this order be supplied to
learned counsel for the parties today itself as per Rules.
____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
_______________________
ALOK KUMAR VERMA, J.
Dt: 18th March, 2021
Mamta
