This single-judge court disposed of a petition by a major couple seeking protection from family threats after solemnizing a marriage. The court cited Lata Singh and directed the Super cop to ensure compliance with Supreme Court mandates to prevent harassment.
Protected the petitioner couple from harassment; directed S.P. Haridwar to ensure compliance.
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WPCRL No.1062 of 2019 Hon’ble Alok Singh, J. Hon’ble Ravindra Maithani, J.
Mr. Mohd. Safdar, Advocate for the petitioners. Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand.
Heard.
Petitioners have approached this Court seeking protection from respondent nos.4 & 5.
According to the petitioners, both are major and are in love. Their marriage got solemnized on 11.06.2019. The copy of the marriage certificate is annexed as Annexure No.3 to the petition. Family members of petitioner no.1 are not happy with the marriage and are extending threat to the petitioners.
Individuals, who are major and competent to marry, are free to marry anyone they like. If family members of any individual are not agreeable to such marriage, the law does not empower them to extend threats or harass such individuals.
In the case of Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475, Hon’ble Supreme Court directed as hereunder:-
“17………………We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.”
This Court reminds Senior Superintendent of Police, Haridwar the mandate of law, as laid down by the Hon’ble Supreme Court in the case of Lata Singh ( supra ), who shall ensure the compliance thereof. With the above observation, the instant writ petition stands disposed of.
(Ravindra Maithani, J.) (Alok Singh, J.)
04.07.2019
Arti
1 issue framed by the court
Whether petitioner major is entitled to protection from threats by family members against their inter-caste or inter-religious marriage.
Colour shows how this judgement treated each authority
Lata Singh vs. State of U.P. and AnotherReferred¶7
Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475 · Who else cites this
Petitioners
Senior Superintendent of Police, Haridwar
Respondent nos.4 & 5
Alok Singh
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
