Sahajpreet Kaur & Another vs State Of Uttarakhand & Others

Alok Kumar Verma, J

In this writ petition, the petitioners have prayed for the following reliefs:-

“(i) To issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 & 3 to give police protection to the petitioners so that they may live their marital life peacefully and liberty of the petitioners may be secured.

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

The brief facts giving rise to this petition are as follows :-

Petitioners are Sikh by religion. They got married on 17.01.2023 according to Sikh rites and customs in the presence of family members of petitioner no.2 at Village Hajira, Post Barhaini, Tehsil Bazpur, District Udham Singh Nagar. Petitioners got registered their marriage before the office of Registrar, Compulsory Registration of Marriages, Bazpur, District Udham Singh Nagar. A copy of the Marriage Registration Certificate dated 30.01.2023 has been filed as Annexure No.2 to this writ petition. According to the petitioners both the petitioners are major at the time of marriage.

It is alleged that respondent nos.4 to 6, who are father, mother and brother-in-law of petitioner no.1 were against their marriage and they have threatened the petitioners to face dire consequences, 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 dated 15.03.2023 before the Senior Superintendent of Police, Udham Singh Nagar, 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.

Merely because the family members of the petitioner No.1 is not agree with the said marriage, it does not permit them to take the law in their own hand.

In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Udham Singh Nagar, respondent No. 2, to take a decision on the representation of the petitioners (Annexure No.3) 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 police protection is required or not. In the interregnum, respondent no.3-the SHO, Police Station Bazpur, District Udham Singh Nagar, 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.