Jyoti And Another vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

1) Petitioners have filed this writ petition for protection. According to them, they got married against the wishes of parents and family members of petitioner No. 1, therefore, they are receiving threats from them. The parents, and other family member of petitioner No. 1, are impleaded as respondent Nos. 3, 4 and 5 respectively, in the present writ petition.

2) As per the documents brought on record both the petitioners are major. The certificate of marriage issued by the Registrar, Compulsory Registration of Marriages, Kichha, District Udham Singh Nagar, is on record, which indicates that petitioners got married at Arya Samaj Mandir, Bhagat Singh Chowk, Rudrapur, Tehsil Rudrapur, District Udham Singh Nagar on 12.09.2023. The date of issuance of marriage certificate is 19.09.2023.

3) Both the petitioners appear before us. We have interacted with them.

4) Petitioner No. 1 has stated that she has studied upto XII standard, and that she was in love with petitioner No. 2, and they both are now married. Petitioner No. 2 stated that he has done I.T.I. in Electrician trade from an institution in Baheri, District Bareilly, U.P., in 2020, after completing Intermediate. Petitioner No. 2 further stated that he is presently employed with a private company in SIDCUL, Rudrapur, District Udham Singh Nagar.

5) Having regard to the fact that both the petitioners are major, and they have voluntarily entered into marital alliance, therefore, in view of the law laid down by the Hon’ble Apex Court in the case of Lata Singh Vs State of U.P.and another, (2006) 5 SCC 475, we are inclined to grant protection to the petitioners.

6) Accordingly, the writ petition is disposed of with a direction to the SHO, Police Station, Kichha, District Udham Singh Nagar (respondent No. 2) to provide protection to the petitioners for a period of six weeks to ensure that no harm is caused to them. Upon expiry of six weeks, the SHO concerned shall make fresh assessment of the threat perception to the petitioners, and take such measures, as are deemed necessary for their safety and security.

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

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