WPCRL/413/2023
2023 Latest Caselaw 651 UK

      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. 413 OF 2023


                          16TH MARCH, 2023

Between:


Akash Kumar & another                     ......         Petitioners


and


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


Counsel for the petitioners    :   Mr. Vikas Kumar Guglani, learned
                                   counsel

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


The Court made the following:


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



             Issue notice.


             Counsel appears and accepts notice on behalf

of respondent Nos. 1 and 2.
                                2




2)          The petitioners have preferred the present

petition to seek a direction to the respondent Nos. 1 and

2 to provide them protection from respondent Nos. 3 to

6.


3)          The petitioners state that both of them are

major; they are in love with each other; they are in live-

in relationship, and that they intend to get married soon.

The parents and other relatives of petitioner No. 2, who

are impleaded as respondent Nos. 3 to 6, are, however,

opposed to their alliance.         Whereas, petitioner No. 1 is

Hindu by religion, petitioner No. 2 is a Muslim.               In

support of their plea that they are major, the petitioners

have placed on record their Aadhaar Cards, as well as

the school record of petitioner No. 2, which show that

her date of birth is 09.03.2005.


4)          We   have    interacted      with   the   petitioners.

Petitioner No. 2 states that she shall be converting her

religion.


5)          In any event, since the petitioners are major,

they are entitled to take their own decisions, including

the relation to person they wish to reside, and the

religion that they wish to follow. No person has a right

to interfere in their lives.
                            3




6)        We, therefore, dispose of this petition with a

direction to respondent Nos. 1 and 2 to make an

assessment of the threat perceived by the petitioners,

and to provide them adequate protection from any

harm, which may come from respondent Nos. 3 to 6.

Respondent No. 2 shall call respondent Nos. 3 to 6 to the

police station, and counsel them not to take the law into

their own hands, or cause any harm to either of the

petitioners.


7)        The   petition   stands    disposed   of   in   the

aforesaid terms.



                                       ________________
                                       VIPIN SANGHI, C.J.



                                    _________________
                                    ALOK KUMAR VERMA, J.

Dt: 16TH MARCH, 2023 Negi