Shobha Bohra and Anr v. State of Uttarakhand

SL. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGES'S ORDERS

2024:UHC:7984-DB

WPCRL No.1190 of 2024 Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Vivek Bh ar t i Sh ar m a, J.

Mr. M.K. Ray, learned counsel, for the petitioners.

¶2Mr. K.S. Bora, learned DAG, with Mr. J.P. Kandpal, learned Brief Holder, for the State of Uttarakhand.

¶3Petitioners have filed this writ petition for protection. According to them due to their marriage against the wish of parents and family members of petitioner no.1, they are extending threat to both the petitioners.

¶4Both the petitioners appeared before us, who are duly identified by learned counsel for the petitioners. We interacted with them. Petitioner no.2, stated that he runs a tailoring shop at Amori, District Champawat, and he further submits that he is a commerce graduate. Petitioner no.1 stated that she has studied up to 12th standard.

¶5As per documents enclosed in the writ petition both the petitioners are major. Certain photographs have been enclosed in support of their claim that they are legally married. Certificate of the registration of marriage is also enclosed issued by the Marriage Registration Officer, Ghaziabad as Annexure no.1, which indicates that marriage was registered on 21.10.2024.

¶6Learned counsel for the petitioners submits that since there is difference in caste between the petitioners, which appears to be the reason of annoyance of the private respondents.

¶7Since both the petitioners are major and have voluntarily decided to live together as husband and wife, therefore, in view of law laid down by Hon'ble Supreme Court in the case of Lat a Sin gh Vs. St at e of U.P. an d An ot h er ; 2 0 0 6 ( 5 ) SCC 4 7 5 , they are entitled to protection.

¶8Accordingly, writ petition is disposed of with direction to SHO, Police Station/ Kotwali Champawat, District Champawat, to provide protection to petitioners for a period of 6 weeks to ensure that no harm is caused to them by private respondents or any other person acting at their behest. Upon expiry of 6 weeks, the SHO concerned shall make fresh assessment of threat perception of petitioners and take such steps, as are felt necessary.

¶9Let supplementary affidavit be filed indicating marital status of the petitioners before entering into present matrimonial alliance during the course of the day.

¶10Let a certified copy of this order be supplied today itself. ( Viv ek Bh ar t i Sh ar m a, J) ( Man oj Ku m ar Tiw ar i, ACJ)

24.10.2024 NR/ NITESH RAWAT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=bea38a9cb7bca67cc3988ad93d563d95c70eb77fa 0ea4758e401cf436bdce9fb, postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C447434E89897BCDC0B6567DCE 4B7108B324FFED3C8A159F3BDD03C, cn=NITESH RAWAT Date: 2024.10.25 12:53:31 +05'30'