Manju Devi & Another vs State Of Uttarakhand & Others

Alok Kumar Verma, J

In this writ 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 & 2 to provide adequate protection to the petitioners from respondent nos.3 to 6, 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.

(iii) Award the cost of the petition to the petitioners.”

The case of the petitioners is that they belong to the same faith, but their castes are different. They are major. They got married on 23.03.2023 at Shiv Mandir Court Parishar, Roshnabad, District Haridwar. Their marriage is being opposed by private respondent nos.3 to 6.

As per the Aadhar Cards & Certificate-Cum-Marksheets of High School of petitioner nos.1 & 2, annexed to this writ petition, they are major. Petitioners are present through video conferencing before this Court, who are identified by Mr. Mukesh Singh Rawat, Advocate. Petitioner No.1 has apprised this Court that she has married to petitioner no.2 on her own free will. Private respondent nos.3 to 6 are brothers, father and relative of the father of petitioner no.1.

According to the petitioners, petitioner no.1 has submitted a representation dated 06.04.2023 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. They are free to marry anyone they like. Merely, because the family members of petitioner no.1 are not agree with their marriage, 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. 1, to take a decision on the representation of the petitioner no.1 (Annexure No.4) 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, respondent no.2-the Station House Officer, Police Station Piran Kaliyar, 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.