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2023 DIGILAW 38 (UTT)

Palak v. State of Uttarakhand

2023-01-07

MANOJ KUMAR TIWARI, VIPIN SANGHI

body2023
JUDGMENT Vipin Sanghi, CJ. - Issue notice. Learned Brief Holder appears and accepts notice on behalf of State- respondent nos.1 to 3. 2. The petitioners have preferred the present writ petition to seek protection against apprehended threat, coercion and harm, which may come from respondent nos.4 to 6, who are the relatives of petitioner no.1. 3. The petitioners state that they both are major and they have got married on their own free will. Documents to show that they are major have been placed on record, including the Aadhar card and school record of petitioner no.1 and, Aadhar card and family register of petitioner no.2. The petitioners have placed on record their marriage certificate and photographs to show that they have got married on 28.11.2022. The petitioners have disclosed their permanent address of Uttar Pradesh, and present address of Village and P.O. Khanpur, Bharmpur, Barampur, P.S. Kotwali Laksar, District Haridwar. The petitioners are present and have signed the order-sheet to establish their presence before us. 4. Learned Brief Holder for the State, on instructions, states that the address provided within the State appears to be incomplete. 5. Learned counsel for the petitioners states that there is a rent agreement entered into by petitioner no.2 of the premises taken by them on rent for their residence at Laksar. A copy of the same shall be provided to learned counsel for the State today itself. The same be also brought on record. 6. Since the petitioners are major, they are entitled to make their own decisions with regard to marriage and with whom they wish to live. No person is entitled to interfere in that freedom of the petitioners. 7. Accordingly, we dispose of the present writ petition with a direction to the respondents-authorities to provide protection to the petitioners at their residence in Laksar, District Haridwar, after making an assessment of the threat perceived from respondent nos.4 to 6. 8. Pending application, if any, also stands disposed of. 9. Let a certified copy of this order be issued to learned counsels for the parties, today itself, as per Rules.