Sushma Negi And Another vs State Of Uttarakhand & Others

Sanjaya Kumar Mishra, J

1) 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 and 2 to provide protection to the petitioners from the respondent Nos. 3 and 4, so that they can live peacefully.

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.

2) This Court directed conducting of ossification test on petitioner No. 2. The report is before us, which shows that the Chief Medical Officer, Nainital, has reported that the petitioner No. 2 is more than 20 years old. The repot submitted by the learned Deputy Advocate General be kept on record.

3) The Hon’ble Supreme Court has observed in the case of Jaya Mala Vs Home Secretary, Government of Jammu and Kashmir and others, AIR 1982 SUPREME COURT 1297, that the margin of error in age ascertained by radiological examination is two years on either side. In that view of the matter, and in view of the documents filed, we hold that the petitioner No. 2 has attained the age to get married as per his own choice.

4) The learned counsel for the petitioners submits that petitioners are in a live-in relationship, and are facing threat from the family members of petitioner No.1. The learned counsel also submits that both the petitioners are major and wanted to marry each other. He further submits that the petitioner No. 1 has already made a representation on 10.04.2022 before the Senior Superintendent of Police, Nainital, District Nainital for protecting their lives, a copy whereof is annexed as Annexure No. 3 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.

5) In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Nainital, District Nainital – respondent No. 1 to take a decision on the representation of the petitioners (Annexure No. 3) within 21 days from today. In the interregnum, the SHO, P.S. Haldwani, District Nainital – respondent No. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

6) Let a fee copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

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

8) The Writ Petition is, hereby, disposed of.