Research › Search › Judgment

Uttarakhand High Court · body

2022 DIGILAW 383 (UTT)

Sabeena v. State of Uttarakhand

2022-12-07

R.C.KHULBE, VIPIN SANGHI

body2022
JUDGMENT R.C. Khulbe, CJ. - Issue notice. Counsel appears and accepts notice on behalf of respondent Nos. 1 and 2. 2. The petitioners have preferred the present petition to seek protection from any threat or harm, which may come from respondent No. 3. 3. The case of the petitioners is that they both belong to Muslim religion. They got acquainted with each other, and after felling in love, decided to get married. It is alleged that respondent No. 3, father of petitioner No. 1, and other family members are pressurizing petitioner No. 1 to marry with a person of their choice. When she refused to obey their command, respondent No. 3 and other family members started treating her with physical and mental cruelty and also threatened petitioner No. 2. 4. According to the petitioners, they have already performed Nikah, which was solemnized as per Muslim rites and rituals on 19.11.2022, at Haldwani. According to the Aadhaar cards filed by the petitioners as Annexure Nos. 2 and 3 to this writ petition, both the petitioners are major. It is stated by the petitioners that they have submitted a representation before the Senior Superintendent of Police, Udham Singh Nagar, seeking adequate safety and security for themselves, but no action has been taken by the police for protecting the lives and property of both the petitioners. Having been left with no other remedy, the petitioners have filed the present writ petition. 5. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Udham Singh Nagar, respondent No. 1, to take a decision on the representation of the petitioner (Annexure No. 4) within 30 days from today. The Senior Superintendent of Police, District Udham Singh Nagar shall take information and intelligence from the concerned SHO during the course of action whether police protection is required or not. In the interregnum, the SHO, Police Station Rudrapur, District Udham Singh Nagar - respondent No. 2, shall provide necessary police protection for protecting the lives and liberty of the petitioners. 6. Interim Relief Application (IA No. 01 of 2022) also stands disposed of. 7. Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.