High CourtsDivision Bench

Sunita Kaur & Another vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 29 August 2024 · Citation: (2024) 08 UK CK 0092

HON’BLE JUDGES
Ritu Bahri, CJ · Rakesh Thapliyal, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (CRL) No. 971 Of 2024
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Judgment

9 paragraphs · 268 words

Ritu Bahri, CJ

1.

Petitioners have approached this Court seeking protection. According to them, they were in love and got married against the wish of respondent nos.4 to 7, who are parents and family members of petitioner no.1, who are now threatening the petitioners.

2.

Petitioners are present in Court. Both the petitioners stated that they are major as per the affidavit dated 29.08.2024. They have solemnized the marriage on 25.08.2024. A copy of the marriage certificate is annexed as Annexure No.2 and they are apprehending threat from respondent nos.4 to 7.

3.

As per Aadhar Card, date of birth of petitioner no.1 is 05.07.2003. Petitioner no.2 is also major, as per the Aadhar Card, his date of birth is 11.11.1997.

4.

Notice of motion. Learned State Counsel appears and accepts notice on behalf of respondent nos.1 to 3.

5.

Since, the petitioners are major, and they have voluntarily entered into marital alliance, without any threat and coercion, therefore, they are entitled to protection.

6.

Accordingly, writ petition is disposed of with direction to SHO, Police Station Kashipur, District Udham Singh Nagar to provide protection to petitioners for a period of six weeks to ensure that no harm is caused to them by private respondents or any other person acting at their behest. Upon expiry of six weeks, the SHO concerned shall make fresh assessment of threat perception of petitioners and take such steps, as are felt necessary.

7.

Pending application, if any, also stands disposed of.

8.

Let a certified copy of this order be issued to learned counsels for the parties, today itself, as per Rules.