Sabnoor Alias Khushi Vs State of Uttarakhand

WPCRL No. 1106 of 2019 Hon’ble Alok Singh, J. Hon’ble Ravindra Maithani, J.

Mr. Ashish Sinha, Advocate for the petitioners.

Mr. V.K. Gemini, D.A.G for the State. Heard.

Petitioner no.1 Smt. Sabnoor @ Khushi is of 20 years and petitioner no.2 Mr. Gaurav Sharma is of 22 years of age. They are married and want to live together.

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Learned counsel for the petitioners would urge that petitioners are getting threat at the hands of respondent nos. 3 to 7.

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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.

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In the case of Lata Singh Vs. State of U.P. and Another, (2006) 5 SCC 475, Hon’ble Supreme Court directed as hereunder:-

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“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 women 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.”

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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 himself.

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With the above observation, the instant writ petition stands disposed of.

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( Ravindra Maithani , J. ) (Alok Singh, J.) Shubham 10.07.2019

Sabnoor Alias Khushi v. State of Uttarakhand

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Sabnoor Alias Khushi v. State of Uttarakhand

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