Anju Devi And Another vs State Of Uttarakhand & Others

R.C. Khulbe, J

1) 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 adequate protection to the petitioners from the respondent No. 3, so that they may live peaceful life.

ii) Issue a suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

2) The case of the petitioners is that they were living in the same vicinity and acquainted to each other, and after falling in love decided to get married.

3) According to the petitioners, the respondent No. 3 and other family members of petitioner No. 1 were pressurizing her to marry with a person of their choice, but she is reluctant to do so, and due to this reason respondent No. 3 and other family members of petitioner No. 1 were subjecting her with physical and mental cruelty, apart from threatening petitioner No. 2. It is alleged that father of petitioner No. 1 is against the marriage of the petitioners, as he is of the opinion that the marriage of her daughter cannot be performed in the same village.

4) According to the petitioners they got married on 14.11.2021 as per the Hindu rites and customs at Shiv Mandir, Laksar, District Haridwar. According to the Aadhaar cards filed by the petitioners as Annexure Nos. 1 and 2 to this writ petition, both the petitioners are major. It is stated that respondent No. 3 and other family members of petitioner No. 1 are continuously threatening both the petitioners with dire consequences. According to the petitioners, they submitted a representation 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 and property of both the petitioners. Having been left with no other remedy, the petitioners have filed the present writ petition.

5) In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Haridwar, respondent No. 1, to take a decision on the representation of the petitioner (Annexure No. 4) 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 Laksar, District Haridwar – respondent No. 2, shall provide necessary police protection for protecting the lives and liberty of the petitioners.

6) Interim Relief Application (IA No. 01 of 2022) also stands disposed of.

7) Let a free copy of this order be immediately handed over to Mr. Rakesh Kumar Joshi, the learned Brief Holder for the State of Uttarakhand, for early compliance.

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