Akriti Tiwari & Another vs State Of Uttarakhand & Others

Ravindra Maithani, J

The petitioners have approached this Court seeking protection so that their lives may be saved.

Heard learned counsel for the petitioners and perused the record.

It is the case of the petitioners that they both are major; they befriended each other; they have applied for marriage under the Special Marriage Act, 1954, but since they belong to different religions, they are receiving tremendous threats. The petitioners have also filed documents pertaining to their date of birth.

Learned counsel for the petitioners submits that both the petitioners are major; they intend to marry, but they are receiving threats from various organizations and at the hands of the respondent no.4.

Both the petitioners are present in person before the Court, as identified by their counsel. They both submit that they are major; their age is 28 years; they intend to marry, but various organizations are creating hindrance in performance of their marriage.

In the case of Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475, Hon'ble Supreme Court directed as hereunder:-

“17. ...................We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

This Court reminds Senior Superintendent of Police, District Dehradun, the mandate of law, as laid down by the Hon'ble Supreme Court in the case of Lata Singh (supra), who shall ensure the compliance thereof.

With the above observation, the instant writ petition stands disposed of.

Let a copy of this order be immediately forwarded to the Senior Superintendent of Police, District Dehradun for necessary compliance and a certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges.