Ujala Devi v. State of Uttarakhand

HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON'BLE THE ACTI NG CHI EF JUSTI CE MR. MANOJ KUMAR TI W ARI AND HON'BLE SRI JUSTI CE VI VEK BHARTI SHARMA 2 6 TH NOVEMBER, 2 0 2 4

W RI T PETI TI ON ( CRL) NO. 1 2 9 6 Of 2 0 2 4 Ujala Devi and another.

…...Petitioners

Ver su s

State of Uttarakhand and others …….Respondents

Counsel for the petitioners : Mr. Hemant Singh Dangwal, learned counsel. Counsel for the respondents : Mr. K.S. Bora, learned Deputy Advocate General with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.

JUDGMENT : (per Mr . Man oj Ku m ar Tiw ar i, A.C.J.)

Petitioners have sought protection. According to them, due to their marriage against the wish of parents and family members of petitioner No. 1, they are receiving threats to their life and liberty.

¶2As per the documents, enclosed with the writ petition, both petitioners are major. The date of birth of petitioner No. 1, as recorded in the High School Certificate, is 30.08.1999.

¶3Petitioners appeared before us.

¶4Petitioner No. 2 stated that he owns a shop in Mahadevpura, Phase-2, Near Shiv Mandir, Salempur Mahdood, SIDCUL, District Haridwar and he has studied

upto 9th Standard. Petitioner No. 1 stated that she has studied upto High School and earlier, she was employed in a private company known as 'Zenity' in SIDCUL, District Haridwar, but presently, she is not employed anywhere.

¶5Both petitioners stated that they got married as per Hindu rites and customs at Arya Samaj Mandir, Haridwar on 24.11.2024. The Certificate issued by the Manager, Arya Samaj Mandir, Shrawannath Nagar, Haridwar is enclosed as Annexure No. 2 to the writ petition. Petitioner No. 2 stated that he will apply for registration of the marriage within one week from today.

¶6Learned State Counsel submits that since both the petitioners are major as per the documents enclosed with the writ petition and they are already married, therefore, he has no objection, if they are granted protection.

¶7Since both the petitioners are major and they got married as per Hindu rites and customs, they are entitled to get protection in view of the law laid down by Hon'ble Supreme Court in the case of Lat a Negi vs. St at e of U.P. an d An ot h er 2 0 0 6 ( 5 ) SCC 4 7 5 .

¶8Accordingly, the writ petition is disposed of with a

direction to SHO, Police Station SIDCUL, District Haridwar to provide protection to petitioners for a period of six weeks and 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 the threat perception of the petitioners and take such steps, as are felt necessary.

¶9Let a certified copy of this order be issued today itself, on payment of usual charges, as per rules.

_ _ _ _ MANOJ KUMAR TI W ARI , A.C.J.

_ _ _

VI VEK BHARTI SHARMA, J. Dt: 26th November, 2024 Rathour

PRAVINDRA S RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=23699ccc2fd40ad81b6fd13323779d 9e3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40 CC6179B8E010331BA695239171F906FD5C45 C4E8, cn=PRAVINDRA S RATHOUR Date: 2024.11.26 18:48:51 +05'30'