Citation : 2025 Latest Caselaw 5204 UK
Judgement Date : 3 November, 2025
2025:UHC:9684-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
THE HON'BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (CRIMINAL) NO. 1377 OF 2025
3RD NOVEMBER, 2025
Mansi and another ...... Petitioners
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioners : Mr. Digvijay Singh BIsht, 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 G. Narendar)
Heard learned counsel for the petitioners, and
learned Brief Holder for the State of Uttarakhand.
2) It is submitted that both the petitioners belong to
the same religion and that they developed a liking for each
other, which has culminated into marriage, and now both
the petitioners are living together. Since the family
members and other relatives of the first petitioner are
against this marriage, they are giving out threats to kill both
2025:UHC:9684-DB the petitioners. Petitioners submit that they are facing stiff
resistance, and they seriously apprehend threat to their life
and limb from the family members and other relatives of the
first petitioner, and hence they are before this Court praying
for protection.
3) The documents on record reveal that both the
petitioners are majors, and it is submitted by the counsel for
the petitioners that the parties have solemnized marriage on
13.10.2025, as per Hindu rites and rituals at Shiv Mandir
situated within Court campus, Roshnabad, Haridwar. Copies
of marriage photographs as well as certificate of marriage
issued by the priest are annexed as Annexure-3 to the
petition. It is further submitted that the parties have
applied for registration of their marriage under the Uniform
Civil Code, Uttarakhand, 2024 before the Block Development
Officer, and when the said Government Officer proceeded
for verification, the family members of first petitioner got
annoyed and assaulted her. They also forcible moved an
application for cancellation of said registration of marriage.
It is stated that thereafter the first petitioner somehow
managed to flee from her matrimonial house and joined the
company of the second petitioner.
4) In that view of the matter, and in view of the
ruling of the Hon'ble Supreme Court in the case of Lata
2025:UHC:9684-DB Singh Vs State of U.P. and another, (2006) 5 SCC 475,
the petitioners have made out a case for grant of protection.
5) The Station House Officer, Police Station
Bhagwanpur, District Haridwar is directed to assess the
threat, if any, to the life and limb of the petitioners, and
provide necessary protection, if it is found that there is a
threat to the life and limb of the petitioners. The SHO is
further directed to summon the private respondents, and
such other persons, who are inimically placed towards the
marriage of the petitioners, and counsel them, in accordance
with law.
6) The writ petition stands ordered accordingly.
7) As a sequel thereto, the miscellaneous petitions, if
any pending, shall stand closed.
________________ G. NARENDAR, C.J.
_________________ SUBHASH UPADHYAY, J.
Dt: 3RD NOVEMBER, 2025 Negi
HIMANS DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf 116e73351fdaf6878326386908a7f90d5757
HU NEGI , postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.11.11 16:21:57 +05'30'
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