The High Court disposed of a writ petition filed by a married couple facing threats from family members after an inter-caste or inter-religious marriage. The Court emphasized the Supreme Court's mandate in Lata Singh to protect major individuals from harassment and directed the police to ensure compliance.
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WPCRL No. 1107 of 2019 Hon’ble Alok Singh, J. Hon’ble Ravindra Maithani, J.
Mr. Bilal Ahmed, Advocate for the petitioners.
Mr. V.K. Gemini, D.A.G for the State. Heard.
Petitioner no.1 Smt. Sara Idrisi @ Archana Joya is of 21 years and petitioner no.2 Mr. Shoyab is of 22 years of age. They are married and want to live together.
Learned counsel for the petitioners would urge that petitioners are getting threat at the hands of respondent no. 3.
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 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.”
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.
With the above observation, the instant writ petition stands disposed of.
( Ravindra Maithani , J. ) (Alok Singh, J.) Shubham 10.07.2019
2 issues framed by the court
Whether the police authorities are mandated to ensure that the couple in an inter-caste or inter-religious marriage is not harassed or subjected to threats.
Whether family members have the legal right to extend threats or harass individuals who marry without their approval.
Colour shows how this judgement treated each authority
Lata Singh Vs. State of U.P. and AnotherFollowed¶7
Lata Singh Vs. State of U.P. and Another, (2006) 5 SCC 475 · Who else cites this
1 provisions across 1 enactments
Smt. Sara Idrisi @ Archana Joya
Mr. Shoyab
State of Uttarakhand
Alok Singh
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
