Disposed

Reema v. State of Uttarakhand

Uttarakhand HC17 Jul 2019WPCRL/1159/2019

Case brief

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What is this about?

The High Court relied on Supreme Court directives to direct local police authorities to ensure major couples are not harassed for inter-caste or inter-religious marriages, thereby disposing of the writ petition challenging threats made against them.

What did the court decide?

The Senior Superintendent of Police, Champawat, was directed to ensure compliance with Supreme Court directives; the writ petition was disposed of.

Reema Vs State of Uttarakhand — Pension and Retirement Benefits | Uttarakhand HC (2019)

¶1

WPCRL No.1159 of 2019 Hon’ble Alok Singh, J. Hon’ble Ravindra Maithani, J.

¶2

Mr. Deep Chandra and Mr. Sunder Dhauni, Advocates for the petitioners. Mr. V. K. Gemini, Deputy Advocate General with Mr. Pankaj Joshi, Brief Holder for the State of Uttarakhand/respondent nos.1 and 2.

¶3

Learned counsel for the petitioners submits that petitioners are major; they are in love affair; they solemnized their marriage as per Hindu Rites and Rituals on 13.07.2019 at Arya Samaj at Haldwani; copy of their marriage certificate has been annexed at annexure no. 2 to the writ petition; family members of petitioner no.1 i.e., respondent no.3 is not happy with the marriage therefore, he is extending threats to the petitioners.

¶4

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:-

¶5

“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.”

¶6

This Court reminds Senior Superintendant of Police, Champawat 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.

¶7

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

¶8

(Ravindra Maithani, J.) (Alok Singh, J.) 17.07.2019

¶9

Pant

Reema v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Reema v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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