Uttarakhand High Court
5Th May vs State Of Uttarakhand & Others on 5 May, 2025
2025:UHC:3442-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
THE HON'BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (CRIMINAL) NO. 410 OF 2025
05TH MAY, 2025
Usha and another ...... Petitioners
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioners : Mr. R.K. Rawat and Mr. Mehboob
Rahi, learned counsel
Counsel for the respondents : Mr. J.S. Virk, learned Deputy
Advocate General assisted by Mr.
Rakesh Kumar Joshi, learned Brief
Holder for State of Uttarakhand /
respondent Nos. 1 and 2
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
We heard the petitioners who are present before
the Court. It is submitted that the petitioners belong to
different faith and that they intended to marry, and in
order to register their marriage under the Special
Marriage Act, a public notice in compliance with the
requirement of the law was issued which resulted in a
group of 30-40 individuals assembling before the house of
2025:UHC:3442-DB
the first petitioner and bringing pressure on parents of the
first petitioner to abandon the marriage. That the group
of people visited the house twice in two days, and that
though there was no physical violence, yet there were
verbal abuses and verbal threats directed against the first
petitioner and her family.
2) On a query from the Court to the petitioners
both would submit that they have no second thoughts and
that they have been together for the last decade, and they
intend to solemnize their relationship and culminate it
with marriage.
3) The learned Deputy Advocate General would
submit that both being adults and being entitled in law to
make their preferences, and that there being no threat
coercion being brought on one another, and both having
voluntarily decided to formalize their relationship by way
of a marriage being formalized under the Special Marriage
Act, the respondents have no hesitation in ensuring the
safety and security of the petitioners.
4) In that view of the matter and in view of the law
laid down by the Hon'ble Supreme Court in the case of
Lata Singh Vs State of U.P. and another, (2006) 5 SCC
475, this Court is of the considered opinion that the
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petitioners in the circumstances enumerated above have
made out a case for grant of protection.
5) Accordingly, the writ petition is allowed.
6) The Station House Officer, Police Station Sri
Nagar, District Pauri Garhwal shall call the third parties,
and the members of the organization to which the third
respondent belongs to, and advice them against taking
law into their own hands, and inform them of the legal
consequences that would ensue if they attempt to take
law into their hands. The second respondent shall take all
necessary steps to carry out a threat assessment and
ensure safety to the life and limbs of the petitioners.
7) The writ petition stands ordered accordingly.
There shall be no orders as to cost.
8) As a sequel thereto, the miscellaneous petitions,
if any pending, shall stand closed.
________________
G. NARENDAR, C.J.
____________
ALOK MAHRA, J.
th
Dt: 05 MAY, 2025
Negi
HIMANS
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HU NEGI
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Date: 2025.05.05 17:38:25 +05'30'
