WPCRL/41/2023
2023 Latest Caselaw 111 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                     HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI

                 WRIT PETITION (CRL) NO. 41 OF 2023
                            07TH JANUARY, 2023
BETWEEN:
Palak & another                                                .....Petitioners.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioners : Mr. D.P. Mittal and Mr. Shubhr Rastogi, learned counsels.

Counsel for the State : Mr. R.K. Joshi, learned Brief Holder.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned Brief Holder appears and

accepts notice on behalf of State- respondent nos.1 to 3.

2. The petitioners have preferred the present writ

petition to seek protection against apprehended threat,

coercion and harm, which may come from respondent nos.4

to 6, who are the relatives of petitioner no.1.

3. The petitioners state that they both are major and

they have got married on their own free will. Documents to

show that they are major have been placed on record,

including the Aadhar card and school record of petitioner no.1

and, Aadhar card and family register of petitioner no.2. The

petitioners have placed on record their marriage certificate

and photographs to show that they have got married on

28.11.2022. The petitioners have disclosed their permanent

address of Uttar Pradesh, and present address of Village and

P.O. Khanpur, Bharmpur, Barampur, P.S. Kotwali Laksar,

District Haridwar. The petitioners are present and have signed

the order-sheet to establish their presence before us.

4. Learned Brief Holder for the State, on instructions,

states that the address provided within the State appears to

be incomplete.

5. Learned counsel for the petitioners states that

there is a rent agreement entered into by petitioner no.2 of

the premises taken by them on rent for their residence at

Laksar. A copy of the same shall be provided to learned

counsel for the State today itself. The same be also brought

on record.

6. Since the petitioners are major, they are entitled to

make their own decisions with regard to marriage and with

whom they wish to live. No person is entitled to interfere in

that freedom of the petitioners.

7. Accordingly, we dispose of the present writ petition

with a direction to the respondents-authorities to provide

protection to the petitioners at their residence in Laksar,

District Haridwar, after making an assessment of the threat

perceived from respondent nos.4 to 6.

8. Pending application, if any, also stands disposed of.

9. Let a certified copy of this order be issued to

learned counsels for the parties, today itself, as per Rules.

(VIPIN SANGHI, C.J.)

(MANOJ KUMAR TIWARI, J.) Dated: 07th January, 2023 NISHANT