Citation : 2025 Latest Caselaw 5086 UK
Judgement Date : 29 October, 2025
2025:UHC:9520-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. 1334 OF 2025
29TH OCTOBER, 2025
Ujala and another ...... Petitioners
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioners : Mr. Shariq Khurshid, learned counsel
Counsel for the respondents : Mr. J.S. Virk, learned Deputy
Advocate General with 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 Deputy Advocate General for the State of
Uttarakhand.
2) It is submitted that both the petitioners belong
to the same religion, but their castes are different, and
that the petitioners developed a liking for each other,
2025:UHC:9520-DB 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
inter-caste 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 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 30.06.2025, as per Hindu rites and rituals at
Gayatri Mandir, Kashipur, District Udham Singh Nagar. It
is further submitted that the parties have got their
marriage registered under the Uniform Civil Code,
Uttarakhand, 2024 before the Sub Registrar, Registration
of Marriage, Bazpur, District Udham Singh Nagar on
11.08.2025, copy of marriage registration certificate is
enclosed as Annexure-1 to the 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 Vs State of U.P. and another, (2006) 5 SCC 475,
2025:UHC:9520-DB the petitioners have made out a case for grant of
protection.
5) The Station House Officer, Police Station Kotwali
Bazpur, 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 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: 29TH OCTOBER, 2025 Negi
HIMANS
2.5.4.20=bb3b60774012c1ef1dae20d13aaf1 16e73351fdaf6878326386908a7f90d5757,
HU NEGI postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51 A722A6BC552D470EB4FD2F88DDF7C18DB 2A1524A4D, cn=HIMANSHU NEGI Date: 2025.10.31 17:01:11 +05'30'
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