WPCRL/7/2023
2023 Latest Caselaw 35 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
           THE HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI


          WRIT PETITION (CRIMINAL) NO. 07 OF 2023

                          3rd JANUARY, 2023

Between:

Aarushi Bansal and another                 ......         Petitioners


and


State of Uttarakhand & others              ......        Respondents


Counsel for the petitioners     :   Mr. Harshpal   Sekhon,   learned
                                    counsel

Counsel for the respondents     :   Mr. Rakesh Kumar Joshi, learned
                                    Brief Holder for the State of
                                    Uttarakhand / respondent Nos. 1,
                                    2 and 3


The Court made the following:

JUDGMENT: (per Hon'ble Justice Sri Manoj Kumar Tiwari)



             The petitioners have preferred the present writ

petition to seek direction to respondent Nos. 2 and 3 to

provide them protection from respondent Nos. 4 to 6,

who are the father and uncles of petitioner No. 1.


2)           The petitioner No. 1 is a female, who belongs

to Hindu religion.        Her date of birth is 01.03.2004.          In

support of this submission, the petitioners have placed
                             2




on record copies of the birth certificate, and report card

issued in respect of petitioner No. 1 for the Session

2016-17, which records her date of birth as 01.03.2004.

Petitioner No. 1 is, therefore, a major, as on date.

Petitioner No. 2 is also a major, who is 23 years old. He

belongs to Muslim religion.


3)        Parties are present in Court. They state that

out of their love and affection, they wish to get married.

We have enquired from petitioner No. 1, who states that

she does not wish to convert her religion.         Similarly,

petitioner No. 2 states that he too would not be

converting his religion, and they state that they would

get married under the provisions of the Special Marriage

Act. They apprehend threats and harm from respondent

Nos. 4 to 6, since they prefer to enter into an inter-

religious marriage, which is not being approved by the

said respondents.


4)        Since the petitioners are major, they are

entitled to take their own decisions, inter alia, in relation

to their marriage.


5)        We, therefore, dispose of this petition with

direction to respondent Nos. 2 and 3 to assess the threat

perceived by the petitioners from respondent Nos. 4 to
                            3




6, and provide them protection to the extent necessary.

The respondent No. 3 shall counsel respondent Nos. 4 to

6 not to take the law into their own hands.


6)         Writ petition stands disposed of.


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.



                               ___________________
                               MANOJ KUMAR TIWARI, J.

Dt: 3rd JANUARY, 2023 Negi