Aaisha And Another. .....Petitioners vs State Of Uttarakhand And Others
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Uttarakhand High Court

Aaisha And Another. .....Petitioners vs State Of Uttarakhand And Others on 11 September, 2025

                                                                 2025:UHC:8083-DB


       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                             AND
            HON'BLE SRI JUSTICE SUBHASH UPADHYAY
                         11TH SEPTEMBER, 2025
          WRIT PETITION (CRL) No. 1041 OF 2025

Aaisha and another.                                              .....Petitioners


                                     Versus


State of Uttarakhand and others.                                 ...Respondents
Counsel for the petitioners.        :   Mr. Faizan Ali, learned counsel.

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:8083-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 16.12.2022 and at present, they

also have a child. The petitioners have also placed on record

marriage certificate dated 07.05.2025 as Annexure-3.

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 Jhabrera,

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 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:8083-DB

7. Pending application, if any, also stands disposed of.

_______________ G. NARENDAR, C.J.

__________________ SUBHASH UPADHYAY, J.

Dt: 11th September, 2025 Rathour

PRAVIND RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

RA SINGH 2.5.4.20=23699ccc2fd40ad81b6fd1332377 9d9e3aeb1097d17dbb53d481cabd25946e ed, postalCode=263001, st=UTTARAKHAND,

RATHOUR serialNumber=1F65499E931DF71CDAF92A 40CC6179B8E010331BA695239171F906FD 5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.09.15 17:20:38 +05'30'