Uttarakhand High Court
WPCRL/249/2023 on 18 March, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (CRL) NO. 249 OF 2023
18TH MARCH, 2023
BETWEEN:
Shipra & another .....Petitioners.
And
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioners : Ms. Sadaf, learned counsel.
Counsel for the Respondent Nos.1 & 2 : Mr. R.K. Joshi, learned Brief
Holder.
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)
Respondent no.3 has not been served. However,
respondent nos.4 to 8 stand served. Despite service, none
appears for respondent nos.4 to 8. Service of respondent
no.3 is dispensed with in view of the order that we propose to
pass. In these circumstances, we proceed to dispose of this
petition.
2. Petitioner no.1 is the wife of respondent no.3.
Petitioner no.2 is the minor daughter of petitioner no.1 and
respondent no.3.
3. The brief background facts of the case have been
noted in the order dated 10.02.2023. The said order reads as
follows:-
"The case of the petitioners is that petitioner no.1 is the wife
of the respondent no.3. The petitioner no.2, aged about three
years, is daughter of the petitioner no.1 and respondent no.3.
On 23.06.2022, disputes took place between the petitioner
no.1 and the respondent no.3 regarding demand of dowry. On
30.06.2022, the petitioner no.1 and the respondent no.3 decided
to live separately. The petitioner no.1 has filed a divorce petition,
which is still pending before the concerned Court. The petitioner
no.1 is presently residing with her minor daughter. On
28.01.2023, the private respondents, husband of the petitioner
no.1 and his family members, came into the house of the
petitioner no.1 and tried to take her and her minor daughter away
with the help of the police.
The petitioner no.1 is present before the Court with her
learned counsel Ms. Sadaf, Advocate.
Ms. Manisha Rana Singh, learned A.G.A. for the State.
The petitioner no.1 has apprised this Court that the private
respondents are threatening her regularly.
In the interest of justice, as an interim measure, I direct the
Station House Officer, Police Station Kotwali Roorkee, District
Haridwar, respondent no.2, to provide proper protection to the
petitioners as there is a threat perception at the hands of the
private respondent nos.3 to 8.
Issue notice to the private respondent nos. 3 to 8.
Steps to be taken within a week.
Learned counsel for the State requested three weeks' time
to file counter affidavit.
List this case on 18.03.2023.
Interim Relief Application (IA No.02 of 2023) as well as
Urgency Application (IA No.01 of 2023) stand disposed of.
Let a certified copy of this order be provided to the
petitioners, today itself, on payment of usual charges."
4. Learned counsel representing the State, submits
that protection is being provided to the petitioners in terms of
the aforesaid order.
5. We dispose of this petition in terms of the order
dated 10.02.2023. The State shall provide adequate
protection to the petitioner from any threat, or action that
may be taken by the private respondents, after assessing the
threat perceived by them.
6. However, this order shall not come in the way of
any other Courts, including the Family Court, to pass
appropriate orders on the merits of the disputes between the
parties.
7. The petition stands disposed of in the aforesaid
terms.
8. Pending application, if any, also stands disposed of.
(VIPIN SANGHI, C.J.)
(ALOK KUMAR VERMA, J.)
Dated: 18th March, 2023
NISHANT
