Hema Joshi And Others ...... ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 4145 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE

                    WPCRL No.2409 OF 2022

                     22nd December, 2022



Hema Joshi and others                          ...... Petitioners

                               Vs.

State of Uttarakhand and others              ...... Respondents


Presence: -
Smt. Manisha Bhandari, learned counsel along with Mr.
Shahswat Sidhant, learned counsel for the petitioners.
Shri Rakesh Joshi, learned Brief Holder for the State.

JUDGMENT: (Per Shri Ramesh Chandra Khulbe, J.)


             In this petition, petitioners have prayed for the

following relief(s): -

         (a)    "Issue a writ, order or direction in the
                nature of mandamus commanding the
                respondent nos.1 and 3 to provide
                adequate security to the life and liberty
                of the petitioners.
         (b)    Issue a writ, order or direction in the
                nature    of    mandamus    commanding
                respondent nos.4 and 5 not to interfere
                in the personal life and liberty of the
                petitioners.
         (c)    Issue or pass any other order or direction
                which this Hon'ble Court may deem fit
                and proper in the circumstances of the
                case."

2)      In    the    present   case,   petitioner nos.1 and 3

belong to the different religions. It is stated in the body of
 petition that these petitioners know and affectionate to

each other since last 14 years. Petitioner no.2 is the

mother of petitioner no.1. It is stated in the petition that

petitioner nos.1 and 3 want to marry each other without

changing their respective religion(s). However, due to the

threat extended by respondent no.4, the petitioners,

having been left with no other remedy, have filed the

present writ petition.

3)      In that view of the matter, we hereby dispose of

the Writ Petition by directing the Senior Superintendent

of Police, District Nainital- respondent      no.2   to    take

information    and   intelligence   from   the   SHO, Police

Station Bhowali, District Nainital during the course of

action whether further police protection is required or

not. In the interregnum, the SHO, Police Station Bhowali,

District Nainital shall provide necessary police protection

for protecting the lives and liberty of the petitioners.

4)      Let a free copy of this order be immediately

handed over to Mr. Rakesh Joshi, the learned Brief

Holder for the State of Uttarakhand, for early compliance.

5)      The Writ Petition is, hereby, disposed of.

6)      In sequel thereto, all pending applications stand

disposed of.

7)      Urgent copy of this order be supplied to the


                              2
 learned counsel for the parties during the course of the

day, as per Rules.


                                 ________________
                                  VIPIN SANGHI, C.J.



                     _______________________
                     RAMESH CHANDRA KHULBE, J.

Dated: 22nd December, 2022 SS/NP