Uttarakhand High Court
Manju Devi & Another ...... ... vs State Of Uttarakhand & Others on 11 April, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
HON'BLE JUSTICE SHRI ALOK KUMAR VERMA
11TH APRIL, 2023
WRIT PETITON (CRIMINAL) NO.532 OF 2023
Manju Devi & Another ...... Petitioners
Vs.
State of Uttarakhand & Others ......Respondents
Counsel for the Petitioners : Mr. Mukesh Singh Rawat,
Advocate holding brief of
Mr. Gaurav Singh,
Advocate.
Counsel for the Respondent : Mr. Rakesh Joshi, Brief
Nos.1 & 2. Holder.
Upon hearing the learned counsel for the parties, this
Court made the following judgment :
(Per : Shri Alok Kumar Verma, J.)
In this writ 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.1 & 2 to
provide adequate protection to the petitioners from
respondent nos.3 to 6, so that they may live peaceful
life.
(ii) Issue a suitable writ, order or direction which this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the present case.
(iii) Award the cost of the petition to the petitioners."
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2. The case of the petitioners is that they belong to
the same faith, but their castes are different. They are
major. They got married on 23.03.2023 at Shiv Mandir
Court Parishar, Roshnabad, District Haridwar. Their
marriage is being opposed by private respondent nos.3 to 6.
3. As per the Aadhar Cards & Certificate-Cum-
Marksheets of High School of petitioner nos.1 & 2, annexed
to this writ petition, they are major. Petitioners are present
through video conferencing before this Court, who are
identified by Mr. Mukesh Singh Rawat, Advocate. Petitioner
No.1 has apprised this Court that she has married to
petitioner no.2 on her own free will. Private respondent
nos.3 to 6 are brothers, father and relative of the father of
petitioner no.1.
4. According to the petitioners, petitioner no.1 has
submitted a representation dated 06.04.2023 before the
Senior Superintendent of Police, Haridwar, seeking
adequate safety and security for the petitioners, but no
action has been taken by the police for protecting their
lives. Having been left with no other remedy, petitioners
have filed the present writ petition.
5. Petitioners are major. They are free to marry
anyone they like. Merely, because the family members of
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petitioner no.1 are not agree with their marriage, it does
not permit them to take the law in their own hands.
6. We hereby dispose of the writ petition by
directing the Senior Superintendent of Police, Haridwar,
respondent No. 1, to take a decision on the representation
of the petitioner no.1 (Annexure No.4) within 30 days from
today. The Senior Superintendent of Police, District
Haridwar shall take information and intelligence from the
concerned Station House Officer during the course of action
whether police protection is required or not. In the
interregnum, respondent no.2-the Station House Officer,
Police Station Piran Kaliyar, District Haridwar, 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.
8. 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.
___________________
ALOK KUMAR VERMA, J.
Dated: 11.04.2023
JKJ/Pant
