Uttarakhand High Court
WPCRL/573/2023 on 24 April, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (CRIMINAL) NO. 573 OF 2023
24TH APRIL, 2023
Between:
Ilma and another ...... Petitioners
and
State of Uttarakhand & others ...... Respondents
Counsel for the petitioners : Kumari Meenu, learned counsel
Counsel for the respondents : Mr. Rakesh Kumar Joshi, learned
Brief Holder for the State /
respondent Nos. 1 to 3
The Court made the following:
JUDGMENT: (per Hon'ble the Chief Justice Sri Vipin Sanghi)
In this petition, the petitioners have prayed for
the following reliefs :
"i) Issue a writ, order or direction in the nature of
mandamus directing the respondent Nos. 2 and 3
to give police protection to the petitioners so that
they may live their marital life peacefully and
liberty of the petitioners may be secured.
2
ii) Issue a writ, order or direction which this Hon'ble
Court may deem fit and proper under the facts
and circumstances of the case."
2) The case of the petitioners is that they both are
Muslim by religion. They performed Nikah on 15.04.2023, at
Khera Masjid, Rudrapur, District Udham Singh Nagar, as per
Muslim rites and customs.
3) According to the petitioners, respondent Nos. 4 to
6 are father, uncle and brother of petitioner No. 1
respectively, who are harassing them, and causing
interference in the married life of petitioners.
4) As per High School Certificates, filed by the
petitioners as Annexure No. 1 to this writ petition, both of
them are major. It is alleged that the private respondent,
are threatening the petitioners with dire consequences, and
due to this reason the lives of the petitioners are in danger
and they are unable to lead their married life peacefully.
According to the petitioners, they submitted a representation
dated 17.04.2023 before the Senior Superintendent of Police,
Udham Singh Nagar, seeking adequate safety and security
for themselves, but no action has been taken by the police
for protecting the lives of both the petitioners. Having been
left with no other remedy, the petitioners have filed the
present writ petition.
3
5) Merely because the father and other relatives of
petitioner No.1 are not happy with the said marriage, it does
not permit them to take the law on his own hand. Every
citizen is entitled to live in an environment of peace and
safety, and lead his marital life, as per his own wishes.
6) In that view of the matter, we hereby dispose of
the writ petition by directing the Senior Superintendent of
Police, Udham Singh Nagar, respondent No. 2, to take a
decision on the representation of the petitioners (Annexure
No. 3) within 30 days from today. The Senior
Superintendent of Police, District Udham Singh Nagar shall
take information and intelligence from the concerned SHO
during the course of action whether police protection is
required or not. In the interregnum, the SHO, Police Station
Rudrapur, District Udham Singh Nagar, shall provide
necessary police protection for protecting the lives and
liberty of the petitioners.
7) Interim Relief Application (IA No. 01 of 2023) also
stands disposed of.
________________
VIPIN SANGHI, C.J.
_________________
ALOK KUMAR VERMA, J.
Dt: 24th APRIL, 2023
Negi
