Ruksar Fatima And Another vs State Of Uttarakhand And Others

R.C. Khulbe, J

In this Writ Petition, the petitioners have prayed for the following reliefs :-

“(A) issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to provide adequate protection to the petitioners from respondent no.3 to 9 as along with the other relatives as the respondent no.3 to 9 are threatening the petitioners for dire consequences, in order to file application for solemnization of marriage under the provision of The Special Marriage Act, 1954.”

In this petition, the petitioners have approached this Court seeking police protection. Both the petitioners are major and belong to different faith. Petitioners are in love, so they have decided to marry as per the provisions of the Special Marriage Act, 1954.

Petitioners are present, in person, before us. Petitioner no. 1 (girl) states in clear terms that she wishes to marry with petitioner no. 2, out of her own sweet will and volition without any threat or coercion from any person or institution.

The learned counsel for the petitioners submits that the petitioners have already made a representation on 06.09.2022 before the Senior Superintendent of Police, District Udham Singh Nagar-respondent no. 1 for protecting their lives, a copy whereof is annexed as Annexure No. 2 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed the present Writ Petition.

In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, District Udham Singh Nagar-respondent no. 1 to take a decision on the representation of the petitioners (Annexure No. 2) within 30 days from today. The Senior Superintendent of Police, District Udham Singh Nagar shall take information and intelligence from the concerned SHO during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Pulbhatta, District Udham Singh Nagar-respondent no. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

In sequel thereto, pending application, if any, also stands disposed of.

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.

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