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2022 DIGILAW 433 (UTT)

Anjali v. State of Uttarakhand

2022-12-20

R.C.KHULBE, VIPIN SANGHI

body2022
JUDGMENT R.C. Khulbe, J. - In this petition, the petitioners have prayed for the following reliefs : 'i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent Nos. 1 and 2 to provide police protection to the petitioners and also direct to see, the couple are not harassed by anyone nor subjected to threats or acts of violence due to their marriage. ii) To pass a suitable writ, order or direction in favour of petitioners which this Hon'ble Court may deem fit and proper in the circumstances of the present case.' 2. The case of the petitioners is that they both are Hindu by religion. They got married with each other on 04.12.2022, at Shiv Mandir, Laksar, District Haridwar, as per Hindu rites and rituals. According to the petitioners, they did not disclose the fact relating to their marriage to their family members till 15.12.2022. Thereafter, they got registered their marriage on 15.12.2022 before the Registrar, Compulsory Registration of Marriages, Haridwar. 3. According to the petitioners, respondent Nos. 3 and 4, who are brothers of petitioner No. 1, never accepted their relationship and, they are not happy with this marriage. 4. As per the Aadhaar cards filed by the petitioners as Annexure No. 2 to this writ petition, both the petitioners are major. It is alleged that respondent Nos. 3 and 4 are threatening and petitioners with dire consequences, and due to this reason the lives of the petitioners is in danger and they are unable to lead their life peacefully. According to the petitioners, they submitted a representation before the Senior Superintendent of Police, Haridwar, 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, Haridwar, respondent No. 1, to take a decision on the representation of the petitioner (Annexure No. 3) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the concerned SHO during the course of action whether police protection is required or not. The Senior Superintendent of Police, District Haridwar 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 Laksar, District Haridwar - 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.