Aasu Devi & Another vs State Of Uttarakhand & Others

Alok Kumar Verma, J

Present writ petition has been filed with the following reliefs:-

“(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent nos.1, 2 & 3 to provide security to the petitioners and they may be directed to ensure that the respondent nos. 4 to 6 may not harass, threat and commit violation to the petitioners in any manner.

(ii) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case, be passed in favour of the petitioners.

(iii) Cost of the petition be awarded in favour of the petitioners.”

The case of the petitioners is that they belong to the same faith and caste. They are major. They got married on 05.03.2023 at Shiv-Mandir, Laksar, District Haridwar with their own sweet will. Their marriage was solemnized without consent of the private respondent nos. 4 to 6.

As per the Certificate-Cum-Marksheets of High School of petitioner nos.1 & 2, annexed to this writ petition, they are major. Petitioners are present in-person before this Court. Petitioners have apprised this Court that they have threat perception at the hands of the private respondent nos.4 to 6, who are grandfather and real brothers of the petitioner no.1 respectively.

According to the petitioners, they have submitted a representation dated 11.04.2023 before the Senior Superintendent of Police, Haridwar, seeking adequate safety and security for the petitioners, but no action has been taken by the police for protecting their lives. Having been left with no other remedy, petitioners have filed the present writ petition.

Petitioners are major. Merely, because the family members of petitioner no.1 are not agree with the marriage of the petitioners, it does not permit them to take the law in their own hands.

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 within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the concerned Station House Officer during the course of action whether police protection is required or not. In the interregnum, Officer-in-charge of Police Station Civil Line Roorkee, District Haridwar, shall provide necessary police protection for protecting the lives and liberty of the petitioners.

Interim Relief Application (IA No. 01 of 2023) also stands disposed of.

Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.