Partly allowed

Vrinda Alias Muskan v. State of Uttarakhand

Uttarakhand HC15 Jul 2019WPCRL/1138/2019

Case brief

AI extract

What is this about?

Two major petitioners sought writ relief against threats from family members regarding their inter-faith marriage. The High Court referred to Supreme Court guidelines to direct the District Police to ensure non-harassment of couples who are legally competent to marry.

What did the court decide?

Court directed Senior S.P., Udham Singh Nagar to ensure compliance with Supreme Court's directive against harassing major couples in inter-caste/inter-religious marriages and take criminal action agai

Vrinda Alias Muskan Vs State of Uttarakhand — Matrimonial and Divorce | Uttarakhand HC (2019)

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WPCRL No.1138 of 2019 Hon’ble Alok Singh, J. Hon’ble Ravindra Maithani, J.

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Mr. Naveen Singh Bisht, Advocate holding brief of Mr. Lalit Sharma, Advocate for the petitioners.

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Mr. Subhash Tyagi Bhardwaj, Deputy Advocate General with Mr. Pankaj Joshi, Brief Holder for the State of Uttarakhand/respondent nos.1 to 3.

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Learned counsel for the petitioners submits that petitioners are major; they are in love affair; they solemnized their marriage as per Hindu Rite and Rituals on 27.06.2019; copy of their marriage certificate & conversion certificate has been annexed at annexure no. 2 to the writ petition; family members of petitioner no.1 i.e., respondent nos.4 to 6 are not happy with the marriage therefore, they are extending threats 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:-

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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 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.”

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This Court reminds Senior Superintendant of Police, Udham Singh Nagar the mandate of law, as laid down by the Hon’ble Supreme Court in the case of

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Lata Singh (supra) , who shall ensure the compliance thereof. With the above observation, the instant writ petition stands disposed of.

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(Ravindra Maithani, J.) (Alok Singh, J.) 15.07.2019

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Pant

Vrinda Alias Muskan v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Vrinda Alias Muskan v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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