Monika vs State Of Uttarakhand And Others
2022 Latest Caselaw 2317 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

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

                WPCRL No.1449 OF 2022

                    27TH JULY, 2022



Monika                                 ...... Petitioner

                            Vs.

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


Presence: -
Shri Mukesh Rawat, learned counsel holding brief of Mr.
Susheel Kumar, learned counsel for the petitioner.
Shri J.S. Virk, learned Deputy Advocate General for the
State.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)


            The petitioner, who is above the age of 18

years, has preferred this petition to seek direction to

respondent nos.2 and 3 for providing adequate security to

the life and liberty of the petitioner from respondent nos.4

and 5, who are her mother and father respectively. The

petitioner is in Court and she states that she is residing

with her parent, however, they are bent upon getting her

married to a person whom she is not interested in

marrying.

2.          In this background, she apprehends threat to
 her life and person at the hands of respondent nos.4 and

5. She also apprehends that her parent would get her

married forcibly to someone she is not interested in

getting married to.

3.         We have heard the learned counsel for the

petitioner as well as Mr. J.S. Virk, learned Deputy

Advocate General for the State/ respondents.

4.         Since, the petitioner appears to be a major as is

evident from her Adhaar Card which depicts her date of

birth as 15.03.2004 as also from Scholar's Register &

Transfer Certificate Form issued by the Principal of the

School where the petitioner appears to have studied, she

is entitled to take her own decisions and she cannot be

compelled to marry a person whom she is not willing to

marry.

5.         We, therefore, direct respondent no.3 - S.H.O.

Police   Station   Kankhal,    District   Haridwar    through

respondent no.2 - Senior Superintendent of Police,

Haridwar, to ensure that firstly, no harm is caused to the

petitioner from respondent nos.4 and 5 and secondly,

there is no coercive pressure on her by respondent no.4

and 5 to get her married to a person whom she is not

interested to marry.

6.       The Writ Petition is, hereby, disposed of.


                              2
 7.        Let a free copy of this order be immediately

handed over to Mr.       J.S. Virk, the learned Deputy

Advocate General for the State of Uttarakhand, for early

compliance.

8.      In sequel thereto, all pending applications stand

disposed of.

9.      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.


                         ________________________
                         RAMESH CHANDRA KHULBE, J.

Dated: 27th July, 2022 BS/SS