Smt. Aarti v. State of Uttarakhand
Case brief
What is this about?
The Court granted protection to two major individuals against threats from their parents due to inter-caste marriage, relying on Lata Singh. An order directed the SHO for eight weeks of protection and future reassessment.
What did the court decide?
Direction to SHO, P.S. Gangnaher to provide protection for eight weeks and ensure no harm is caused.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPCRL No. 1070 of 2023 Hon’ble Man oj Ku m ar Tiw ar i, J. Hon’ble Pan k aj Pu r oh it , J. |
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| (1) Mr. V.K. Nautiyal, learned counsel for the petitioners. (2) Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand. (3) Petitioners have approached this Court for protection. According to them, they got married on 09.04.2023 against the wish of parents & family members of petitioner no. 1, due to which they are facing threat to their life. Certificate of marriage is on record as annexure no. 1 to the writ petition, which is dated 19.05.2023. (4) Both petitioners are personally present before the Court who are duly identified by their learned counsel Mr. V.K. Nautiyal. We have also interacted with them. |
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| (5) According to petitioner no. 2, he is a Civil Engineer and presently employed with Uttarakhand Pay Jal Nigam through outsourcing at Roorkee. Petitioner no. 1 stated that she knew petitioner no. 2 for quite some time and they fell in love and finally they got married on 09.04.2023. Petitioners informed the Court that presently they are residing at New Shyam Nagar, Sunhara Road, Rooree, District Haldwani. (6) As per High School Certificate, which is on record as annexure no. 2 to the writ petition,the date of birth ofpetitioner no. 1 |
| is 13.07.1994; while date of birth of |
|---|
| petitioner no. 2, as per High School Certificate, is 20.12.1993. Thus, both are major and legally married. |
| (7) Since both the petitioners are major and they are living together with their own free will, hence in view of the law laid down by Hon’ble Apex Court in the case of_Lata_ Singh Vs. State of U.P. and Another; 2006 _(5) SCC 475,_we are inclined to grant protection to the petitioners. |
| (8) Accordingly, the present writ petition is disposed of with direction to the Station House Officer, P.S. Gangnaher, District Haridwar to provide protection to the petitioners for a period of eight weeks and ensure that no harm is caused to them during this period. Upon expiry of eight weeks, concerned SHO shall make assessment of threat perception to the petitioners, and provide protection to them, if needed, for such further period, as is felt necessary. |
| (9) Let a certified copy of this order be supplied to learned counsel for the petitioners, today itself, as per rules. |
| ( Pan k aj Pu r oh it , J.) ( Man oj Ku m ar Tiw ar i, J.) 02.08.2023 Aswal |
Issues for consideration
2 issues framed by the court
Whether protection should be granted to two major individuals against threats arising from parental opposition to their marriage.
Whether the writ petition should be disposed of with interim directions for police protection.
Parties & counsel
- petitioner
Petitioner no. 1 and Petitioner no. 2
- respondent
State of Uttarakhand
Coram
Manoj Kumar Tewari
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · August
- Registered
- Case no.
- WPCRL/1070/2023
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