Kiran And Another vs State Of Uttarakhand & Others

Alok Kumar Verma, 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 and commanding the respondent Nos. 1 and 2 to provide adequate police protection to the petitioners from the respondent No. 3 who wants to do away with the life of petitioners in the name of family honor as petitioners have performed inter caste marriage against the wishes of respondent No. 3 and other family members of petitioner No. 1.

ii) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2) The case of the petitioners is that they both are Hindu by religion, but belongs to different castes. They got married with each other on 08.02.2022, at Shiv Mandir, Ramnagar, Roorkee, District Haridwar, as per Hindu rites and rituals. According to the petitioners, it is the second marriage of petitioner No. 1, who was a widow. It is the first marriage of petitioner No. 2.

3) According to the petitioners, respondent No. 3, who is father of petitioner No. 1, never accepted their relationship and, is not happy with this marriage as it is an inter caste marriage.

4) As per the Aadhaar cards filed by the petitioners as Annexure Nos. 1 and 2 to this writ petition, both the petitioners are major. It is alleged that respondent No. 3 is continuously threatening to the petitioners with dire consequences and warned to forcibly take away petitioner No. 1 with him, and due to this reason the lives of the petitioners are in danger and they are unable to lead their life peacefully. 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 of both the petitioners. Having been left with no other remedy, the petitioners have filed the present writ petition.

5) Merely because the father of the petitioner No.1 is not agree with the said marriage, it does not permit him to take the law in his own hand.

6) 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 petitioners (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 respondent No.2 - SHO, Police Station Jhabrera, District Haridwar, shall provide necessary police protection for protecting the lives and liberty of the petitioners.

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.