Rohit And Another ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 246 UK

        HIGH COURT OF UTTARAKHAND AT NAINITAL

          Writ Petition (Criminal) No. 244 of 2022


Rohit and another                             .....Petitioners

                            Versus

State of Uttarakhand and others              ....Respondents


Present:-
       Ms. Radha Arya, Advocate for the petitioners.
       Mr. Lalit Miglani, A.G.A with Mr. Balwinder Singh and Mr.
       Pramod Tiwari, Brief Holders for the State of Uttarakhand.



                            JUDGMENT

Hon'ble Ravindra Maithani, J.(Oral)

The petitioners claim that they are major and

have married on 02.02.2022. They apprehend that the

respondent no.4, who is mother of the petitioner no.2 may

cause damage to them, as she is allegedly threatening to

them.

2. Heard learned counsel for the parties and

perused the record through video conferencing.

3. Both the petitioners are identified by their

counsel and are present before sthe Court. According to

petitioner no.1 Rohit, he is 25 years of age and according

to petitioner no.2 Pooja, she is 19 years of age and both have married on 02.02.2022. Documents have been

referred to.

4. This Court has not confirmed as to whether

both the petitioners are married or not. Both have

produced their Adhar Cards in support of their age. They

apprehend threat at the hands of respondent no.4.

5. In the case of Lata Singh Vs. State of U.P. and

Another, (2006) 5 SCC 475, Hon'ble Supreme Court

directed as hereunder:-

"17.....................We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter- caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

6. This Court reminds Senior Superintendant of

Police, Udham Singh Nagar the mandate of law, as laid

down by the Hon'ble Supreme Court in the case of Lata

Singh (supra), who shall ensure the compliance thereof.

7. With the above observation, the instant writ

petition stands disposed of.

(Ravindra Maithani, J.) Vacation Judge 11.02.2022 Nahid