WPCRL/2381/2022
2022 Latest Caselaw 4098 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL


        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
         THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE



         WRIT PETITION (CRIMINAL) NO. 2381 OF 2022


                        20th DECEMBER, 2022

Between:


Kajal @ Sameena Parveen & another ......               Petitioners


and


State of Uttarakhand & others            ......        Respondents


Counsel for the petitioners   :   Km. Meenu and Mr. Mohit Kumar,
                                  learned counsels

Counsel for the respondents   :   Ms. Rakesh Kumar Joshi, learned
                                  Brief Holder for the State of
                                  Uttarakhand / respondent Nos. 1
                                  to 3


The Court made the following:


JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The petitioners have preferred the present

petition to seek a direction to the State authorities to

provide protection to the petitioners so that they can

lead a peaceful life.
                             2




2)        Petitioner No. 1 is 19 years old. Petitioner No.

2 is 20 years old. They claim that they have got married

as per Hindu rites. Petitioner No. 1 is Muslim by religion.

Prima facie, it appears that their marriage, as a Hindu

marriage, may not be legal. However, in any event, the

two being major they are entitled to lead their lives in

the way they think it appropriate. No person has a right

to interfere in the same. Respondent No. 4 is the father

of petitioner No. 1, from whom the petitioners have

apprehension of threat and coercion.


3)        We dispose of this petition with a direction to

respondent Nos. 1 to 3 to make an assessment of the

threat perceived by the petitioners, and to provide them

protection to the extent necessary from any threat,

coercion or harm, which may come from respondent No.

4, or any other person, at his instance. The respondent

No. 3 - S.H.O., P.S. Jaspur, District Udham Singh Nagar

shall counsel respondent No. 4 not to take the law into

his own hands.


4)        The    petition   stands   disposed   of   in   the

aforesaid terms.


5)        Interim Relief Application (IA No. 01 of 2022)

also stands disposed of.
                           3




6)        Urgent copy of this order be supplied to the

learned counsel for the parties, during the course of the

day, as per Rules.



                                    ________________
                                    VIPIN SANGHI, C.J.



                                         ___________
                                         R.C. KHULBE, J.

Dt: 20th DECEMBER, 2022 Negi