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2022 DIGILAW 384 (UTT)

Mentesha v. State of Uttarakhand

2022-12-07

R.C.KHULBE, VIPIN SANGHI

body2022
JUDGMENT R.C. Khulbe, J. - In this petition, the petitioners have prayed for the following reliefs :- 'i) An appropriate writ, order of direction in the nature of Mandamus commanding the Respondent No. 1 to 3 to provide proper and adequate protection and security to the life and liberty of the Petitioners from private Respondents and other persons associated with them. ii) A writ, order or direction in the nature of mandamus commanding the private Respondents not to interfere in the peaceful life of the Petitioners.' 2. Petitioners are present, in person, before us. Petitioner no. 1 (girl) states in clear terms that she has married the petitioner no. 2, out of her own sweet will and volition without any threat or coercion from any person or institution. 3. In the present case, both the petitioners belong to the same faith and are major. Both the petitioners were in love and they wanted to marry each other. So they have solemnized their marriage on 20.11.2022 as per Muslim customs (Copy of the Nikahnama is annexed as Annexure No. 2 to the writ petition). 4. Learned counsel for the petitioners submits that the petitioners have already made a representation on 06.12.2022 before the Senior Superintendent of Police, District Udham Singh Nagar-respondent no. 2 for protecting their lives, a copy whereof is annexed as Annexure No. 3 to this Writ Petition, but nothing has been done as yet. 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, District Udham Singh Nagar-respondent no. 2 to take a decision on the representation of the petitioners (Annexure No. 3) 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 further police protection is required or not. In the interregnum, the SHO, Police Station Khatima, District Udham Singh Nagar-respondent no. 3 shall provide necessary police protection for protecting the lives and liberty of the petitioners. 6. Consequently, pending applications, if any, also stand disposed of. 7. Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance. 8. 3 shall provide necessary police protection for protecting the lives and liberty of the petitioners. 6. Consequently, pending applications, if any, also stand disposed of. 7. Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance. 8. A certified copy of this order be provided to the learned counsel for the petitioners by the end of the day.