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2022 DIGILAW 420 (UTT)

Daraksha v. State of Uttarakhand

2022-12-19

R.C.KHULBE, VIPIN SANGHI

body2022
JUDGMENT Vipin Sanghi, CJ. - The present petition has been preferred by the petitioners to seek protection from respondent Nos. 4 and 5, who are the relatives of petitioner No. 1. 2. The case of the petitioners is that they are in love with each other. Both of them are major. They desire to get married under the Special Marriage Act. According to the petitioners, as they belong to different religions, their alliance is not acceptable to respondent Nos. 4 and 5, and they have serious apprehension of harm from them. 3. Since the petitioners are major, and they are entitled to take their own decisions with regard to their relationship, respondent Nos. 4 and 5, or any other person, have no right to interfere with the same. 4. We, accordingly, dispose of this petition with a direction to the respondent State to provide protection to the petitioners at the residence of petitioner No. 2 from any threat, coercion or harm, which may come from respondent Nos. 4 and 5, or any other person, at their instance. The S.H.O., P.S. Kiccha, District Udham Singh Nagar shall make an assessment to the threat perceived by the petitioners, and provide them adequate protection. In case, respondent Nos. 4 and 5, or any other person, approaches the petitioners, the said S.H.O. shall counsel them not to take the law into their own hands. 5. The petition stands disposed of in the aforesaid terms. 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.