Disposed

Shilpa v. State of Uttarakhand

Uttarakhand HC15 Oct 2019WPCRL/1830/2019

Case brief

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What is this about?

The High Court disposed of the writ petition filed by major individuals regarding threats from a third party's family concerning their marriage. The court cited Lata Singh to direct police authorities to ensure no harassment or threats are faced by major individuals getting married and stern action is taken against wrongdoers.

What did the court decide?

Constitutional mandate regarding protection of major individuals from threats by family members in matrimonial matters.

Shilpa Vs State of Uttarakhand — Matrimonial and Divorce | Uttarakhand HC (2019)

¶1

WPCRL No. 1830 of 2019 Hon’ble Alok Singh, J. Hon’ble Ravindra Maithani, J.

¶2

Mr. Gaurav Singh and Mr. Mohd. Umar, Advocates for the petitioners.

¶3

Mr. V. K. Gemini, Deputy Advocate General for the State of Uttarakhand/respondent nos.1 and 2.

¶4

Learned counsel for the petitioners submit that petitioners are major; they fall in love with each other; they solemnized their marriage on 07.10.2019 at Shiv Mandir, Laksar, District Haridwar; they also got their marriage registered; copy of the marriage certificate is Annexure no. 1 to the writ petition; respondent no. 3 family member of petitioner no. 1, is not happy with the marriage, therefore, he is extending threats to the petitioners.

¶5

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:-

¶6

“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 interreligious 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.”

¶7

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

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of Lata Singh (supra), who shall ensure the compliance thereof.

¶9

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

¶10

(Ravindra Maithani, J.) (Alok Singh, J.) 15.10.2019

¶11

Pant

Shilpa v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Shilpa v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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