WPCRL/455/2021
2021 Latest Caselaw 776 UK

           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. 455 OF 2021

                          09TH MARCH, 2021

BETWEEN:

Dhirendra Pratap Singh Kamboj & another                    .....Petitioners.


and

State of Uttarakhand & others                              ....Respondents

Counsel for the petitioners : Mr. Tapan Singh.

Counsel for the respondents           :     Mr.     J.S.     Virk,   learned
                                            Deputy     Advocate      General
                                            with     Mr.    Rohit    Dhyani,
                                            learned        Brief Holder for
                                            the State.

The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

Petitioner Nos.1 and 2 have filed the present writ

petitioner, inter alia, on the ground that Petitioner No.1 and

Petitioner No.2 have known each other, and had fallen in

love. Therefore, on 11.10.2020, both of them got married

according to Punjabi rituals and customs at Singh Sabha

Gurudwara, Village Namoon, Bazpur, District Udham Singh

Nagar.

2. However, on 04.03.2021, the Petitioner No.2, Ms.

Gursangeet Kaur, informed her father, Mr. Balvinder Singh,

the respondent no.3, that she has solemnized her marriage

with the Petitioner No.1. Her father not only became angry

but also prevented her from leaving her parental home.

Somehow, the Petitioner No.2 managed to escape to her

matrimonial home, and started living with the Petitioner No.1.

However, according to the Petitioner No.2, the respondent

no3, her father, and her other relatives are threatening that

they would kill both the petitioners. Hence, the present

petition before this Court.

3. According to the learned counsel, since the

Petitioner No.1 and the Petitioner No.2 belong to different

caste within the Punjabi community, the father of the

Petitioner No.2, is unhappy about with marriage of his

daughter with the Petitioner No.1. Moreover, according to the

learned counsel for the petitioners, both the petitioners are

major, who have entered into matrimony out of their own

free will. Therefore, they should be protected from the threats

of the family of the Petitioner No.2.

4. It is, indeed, trite to state that persons who are

major have a fundamental right to marry a person of their

own choice. Since, according to the birth certificate of the

Petitioner No.2, which has been annexed with the present

petition, she is eighteen years old, naturally, she is free to

marry a person of her own free will. Even if, the respondent

no.3 and other relatives are dissatisfied with the marriage,

they cannot be permitted to threaten or to take the lives of

the petitioners. Therefore, this Court directs the Inspector,

Police Station Bazpur, District Udham Singh Nagar, the

respondent no.2, to immediately provide protection to the

Petitioner Nos.1 and 2. The respondent no.2 is directed not

only to protect their lives, but also their property from any

threat or possible illegal action of the respondent no.3, or his

relatives, or his henchmen.

5. Mr. J.S. Virk, the learned Deputy Advocate General

appearing for the State seeks four weeks' time to file his

counter-affidavit.

6. List this case after four weeks.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 09th March, 2021 NISHANT