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2023 DIGILAW 56 (UTT)

Shivani v. State of Uttarakhand

2023-01-10

MANOJ KUMAR TIWARI, VIPIN SANGHI

body2023
JUDGMENT Manoj Kumar Tiwari, J. - In this petition, the petitioners have prayed for the following relief:- 'i) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents no. 1 & 2 to provide adequate protection to the petitioners as they are seriously apprehending harm to their life and liberty at the hands of respondent no. 3 and other family member and relatives of petitioner no.1 who are not happy with the love marriage of petitioners.' 2. 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 07.01.2023 at Shiv Mandir, Laksar, District Haridwar as per Hindu customs and registered their marriage under the Uttarakhand Compulsory Registration of Marriages Act, 2010, (Copy of the marriage 1 certificate is annexed as Annexure No. 5 to the writ petition). 3. The learned counsel for the petitioners submits that the petitioners have already made a representation on 09.01.2023 before the Senior Superintendent of Police, District Haridwar- respondent no. 1 for protecting their lives, a copy whereof is annexed as Annexure No. 6 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. 4. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, District Haridwar- respondent no. 1 to take a decision on the representation of the petitioners (Annexure No. 6) 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 further police protection is required or not. In the interregnum, the SHO, Police Station Kotwali Manglour, District Haridwar-respondent no. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners. 5. Consequently, pending applications, if any, also stand disposed of. 6. Let a free copy of this order be immediately handed over to Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand, for early compliance. 7. Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.