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2023 DIGILAW 174 (UTT)

Vishansi v. State of Uttarakhand

2023-02-13

ALOK KUMAR VERMA, VIPIN SANGHI

body2023
JUDGMENT : Alok Kumar Verma, 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 the respondent Nos. 1 and 2 to provide protection to the petitioners against the threatening and illegal action of respondent No. 3 and his associates. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 not to infringe the fundamental right of the petitioners. iii) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. iv) Issue a writ, order or direction to respondent Nos. 1 and 2 to decide the representation of the petitioner representation dated 01.02.2023 (containing annexure No. 3) submitted to the respondent Nos. 1 and 2.” 2. The case of the petitioners is that they both are Hindu by religion. They got married with each other on 06.12.2022, at Shiv Mandir Kachahari Roshanabad, Haridwar, as per Hindu rites and rituals. The petitioners got registered their marriage on 13.12.2022 before the Registrar, Compulsory Registration of Marriages, Haridwar. 3. According to the petitioners, respondent No. 3, who is father of petitioner No. 1, never accepted their relationship and, is not happy with this marriage. 4. As per the High School Certificate and Aadhaar card filed by the petitioners as Annexure No. 1 to this writ petition, both the petitioners are major. It is alleged that respondent No. 3, and his associates, are threatening to the petitioners with dire consequences, and due to this reason the lives of the petitioners are in danger and they are unable to lead their life peacefully. According to the petitioners, they submitted a representation dated 01.02.2023 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 of both the petitioners. Having been left with no other remedy, the petitioners have filed the present writ petition. 5. Merely because the father of the petitioner No.1 is not agree with the said marriage, it does not permit him to take the law on his own hand. 6. Having been left with no other remedy, the petitioners have filed the present writ petition. 5. Merely because the father of the petitioner No.1 is not agree with the said marriage, it does not permit him to take the law on his own hand. 6. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Haridwar, 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 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 Bhagwanpur, District Haridwar, shall provide necessary police protection for protecting the lives and liberty of the petitioners. 7. Interim Relief Application (IA No. 01 of 2023) also stands disposed of. 8. Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.