Uttarakhand High Court
Smt. Mahjavi And Another. ... vs State Of Uttarakhand And Others on 16 October, 2025
2025:UHC:9323-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
16TH OCTBOER, 2025
WRIT PETITION (CRL) No. 1278 OF 2025
Smt. Mahjavi and another. .....Petitioners
Versus
State of Uttarakhand and others. ...Respondents
Counsel for the petitioners. : Mr. Faizan Ali, learned counsel for the
petitioners.
Counsel for the respondents : Mr. J.S. Virk, learned Deputy
Advocate General with Mr. R.K. Joshi,
learned Brief Holder for the State.
JUDGMENT :
(per Sri G. Narendar, C.J.)
Heard learned counsel for the petitioners, and
learned Deputy Advocate General for the State of
Uttarakhand.
2. It is submitted that both the petitioners belong to
the same religion, 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
2025:UHC:9323-DB
and limb from the 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 majors, and it is also submitted by the learned
Deputy Advocate General for the State that the parties have
performed their marriage on 04.10.2025. The petitioners have
also placed on record marriage certificate dated 04.10.2025 as
Annexure-4.
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, (2006) 5 SCC 475, the
petitioners have made out a case for grant of protection.
5. The Station House Officer, Police Station Khatima,
District Udham Singh Nagar 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 respondent, 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.
2025:UHC:9323-DB
7. Pending application, if any, also stands disposed of.
_______________
G. NARENDAR, C.J.
_____________
SUBHASH UPADHYAY, J.
Dt: 16th October, 2025
Rathour
PRAVINDR Digitally signed by PRAVINDRA SINGH
RATHOUR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
A SINGH
2.5.4.20=23699ccc2fd40ad81b6fd13323779d9
e3aeb1097d17dbb53d481cabd25946eed,
postalCode=263001, st=UTTARAKHAND,
serialNumber=1F65499E931DF71CDAF92A40
RATHOUR
CC6179B8E010331BA695239171F906FD5C45C
4E8, cn=PRAVINDRA SINGH RATHOUR
Date: 2025.10.17 11:02:01 +05'30'
