Citation : 2025 Latest Caselaw 4890 UK
Judgement Date : 15 October, 2025
2025:UHC:9241-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
15TH OCTOBER, 2025
WRIT PETITION (CRL) No. 1059 OF 2025
Smt. Mariyam and another.
...Petitioners
Versus
State of Uttarakhand and others.
...Respondents
Counsel for the petitioners. : Mr. Bilal Ahmed, learned counsel.
Counsel for respondent nos. 1 & : Mr. J.S. Virk, learned Deputy
2. Advocate General with Mr. Rakesh
Kumar Joshi, learned Brief Holder for
the State of Uttarakhand.
JUDGMENT :
(per Sri G. Narendar, C.J.) Heard learned counsels for the petitioners, and
the learned DAG for the State of Uttarakhand.
2. It is submitted that both the petitioners belong
to the same community, and that the petitioners
developed a liking for each other, which has ended in
marriage, and now both the petitioners are living
together. Since the family members and others relatives
of the first petitioner are against this marriage, they are
giving out threats to kill both the petitioners. Petitioners
submit that they are facing stiff resistance, and they
seriously apprehend threat to their life and limb from the
2025:UHC:9241-DB
family 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 major, and it is also submitted by the
learned DAG for the State that the parties have
performed their marriage on 07.09.2025, which fact is
also evident from the Nikkahnama produced as Annexure
No. 3 to the Writ Petition.
4. In that view of the matter, and in view of the
ruling of the Hon'ble Supreme Court in the case of Lata
Singh v. State of U.P. and another 1, the petitioners
have made out a case for grant of protection.
5. The Station House Officer, Police Station -
Manglour, 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.
(2006) 5 SCC 475
2025:UHC:9241-DB
6. The Writ Petition stands ordered accordingly.
As a sequel thereto, the miscellaneous
petitions, if any pending, shall stand closed.
_______________ G. NARENDAR, C.J.
___________________ SUBHASH UPADHYAY, J.
Dt: 15th October, 2025 Rahul
RAHUL UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e 66e61bf4c848741983ed8c39e4145cf1dab,
PRAJAPATI postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8 A192FCAD15C390A1AAD7B39857D2540AE 4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.10.16 14:44:42 +05'30'
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