High CourtsDivision Bench(2010) 08 UK CK 0060

Smt. Rekha Rani and Another vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 5 August 2010

HON’BLE JUDGES
Nirmal Yadav, J · B.C.Kandpal, J

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Judgment

6 paragraphs · 314 words
1.

By way of this writ petition u/s 226 of the Constitution of India, the petitioners have sought the relief for issuing a writ in the nature of mandamus commanding the respondent Nos. 1 to 3 to provide the protection for safeguarding their life and liberty.

2.

Heard Sri Lalit Sharma, learned Counsel for the petitioners, Sri S.S. Adhikari, learned A.G.A. for the State/respondents No. 1 to 3 and perused the material available before us.

3.

The case of the petitioners according to the petition is that they are major and they have solemnized their marriage with each other as per Hindu Rites at Hanuman Mandir Suar, District Rampur, Uttar Pradesh on 13.07.2010. The marriage was registered before the Registrar, Hindu Marriage Suar, District Rampur, Uttar Pradesh on the same day. The copy of which is annexed as annexure No. 2 to the writ petition. The respondent No. 4-Banwari Lal is the father of petitioner No. 1-Smt. Ranuka Rani, who became annoyed on account of this marriage of the petitioners and now threatens the petitioners for dire consequences, which has made the life of the petitioners miserable. Hence, this writ petition.

4.

Having considered the entire submissions advanced by learned Counsel for the petitioners, we are of the view that it is not a fit case in which mandamus can be issued to respondent Nos. 1 to 3 for providing the adequate security for the life and liberty of the petitioners.

5.

However, we direct that in case, the petitioners move any representation before respondent Nos. 2 and 3-S.S.P., Udham Singh Nagar and S.S.P., Nainital for providing the adequate security to them, the S.S.P.s� after assessing as to whether the security is to be provided to the petitioners to secure their life and liberty or not, shall do the needful in the matter.

6.

With the aforesaid observation, the petition is disposed of finally.