Uttarakhand High Court
WPCRL/326/2023 on 22 February, 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. 326 OF 2023
22nd FEBRUARY, 2023
Between:
Divyanshi and Another ...... Petitioners
and
State of Uttarakhand & Others ...... Respondents
Counsel for the Petitioners : Mr. Shubhang Dobhal, Advocate
Counsel for the Respondents : Mr. J.S. Virk, Deputy Advocate
General with Mr. Rakesh Kumar
Joshi, Brief Holder for the State of
Uttarakhand / respondent Nos. 1
and 2
The Court made the following:
JUDGMENT: (per Hon'ble Justice Sri Alok Kumar Verma)
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. 1
and 2 to provide adequate protection to the
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petitioners from respondent Nos. 3 to 9 so
that they may live peaceful life.
ii) Issue any other or further writ, order or
direction which this Hon'ble Court may deem
fit and proper in the circumstances of the
case."
2) The case of the petitioners is that they both
are Hindu by religion, but belong to different castes.
According to the petitioners, initially they got acquainted
with each other and, thereafter, decided to marry each
other due to love and affection. There marriage was
solemnized on 10.02.2023. The petitioners got
registered their marriage on 16.02.2023 before the
Registrar, Compulsory Registration of Marriages,
Roorkee, Haridwar.
3) According to the petitioners, respondent Nos.
1 and 2 are the father and mother, respectively, of
petitioner No. 1. Respondent Nos. 5, 6 and 7 are the
brother and uncles of petitioner No. 1, and respondent
Nos. 8 and 9 are other family members of petitioner No.
1. They never accepted their relationship and, are not
happy with this marriage. It is alleged that the private
respondents are pressurizing the petitioner No. 1 to
marry with a person of their choice.
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4) As per the original High School Certificate,
which was produced by petitioner No. 1 before the
Court, as well as the Aadhaar cards filed by petitioners
as Annexure Nos. 2 and 3 to this writ petition, both the
petitioners are major. It is alleged that respondent No.
3 to 9, are threatening to 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 life peacefully. According to the petitioners, they
submitted a representation dated 18.02.2023 before the
Senior Superintendent of Police, Haridwar, 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.
5) Merely because the parents, brother, and
other family members of the petitioner No.1, are not
ready to accept the said marriage, it does not permit
them to take the law in their own hands.
6) In that view of the matter, we hereby dispose
of the writ petition by directing the Senior
Superintendent of Police, Haridwar, respondent No. 1, to
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take a decision on the representation of the petitioners
(Annexure No. 4) within 30 days from today. The Senior
Superintendent of Police, District Haridwar 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 respondent No.
2 - SHO, Police Station I.T.I., Kankhal, 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.
Dt: 22nd FEBRUARY, 2023
Negi
