Allowed

Shabana v. State of Uttarakhand

Uttarakhand HC2 Aug 2023WPCRL/1078/2023

Case brief

AI extract

What is this about?

This court granted protection to Muslim petitioners cohabiting due to parental objection to their matrimony. Relying on Lata Singh, the bench ordered police provide six weeks of protection against threats from private respondents, with a subsequent threat assessment directed at the SHO.

What did the court decide?

Directed SHO to provide protection to petitioners for six weeks and assess threat perception thereafter.

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. 1078 of 2023
Hon’ble Manoj Kumar Tiwari, J.
Hon’ble Pankaj Purohit, J.

Ms. Radha Arya, Advocate for the
petitioners.
(2) Mr. Rakesh Joshi, Brief Holder for the
State.

(3) Petitioners
have
approached
this
Court for protection. According to them,
they are living together on account of
mutual
love
and
affection.
However,
parents of petitioner no. 1 are opposed to
their matrimonial alliance, therefore, they
are threatening the petitioners. As per the
documents brought on record, both the
petitioners are major.

(4) Learned State Counsel points out
that as per the pleadings made in the writ

petition, petitioner no. 2 was earlier
married to someone else, therefore, he
cannot get married second time before
getting divorce from the first wife.
(5) Learned counsel for the petitioners
submits that since both the petitioners are
Muslim by religion, therefore, as per their
personal law, petitioner no. 2 can re-

marry during subsistence of earlier marriage.
(6) Since, both the petitioners are adults
and they are residing together out of their
free will, therefore, without going into the
legal or moral issues, as raised by learned
State counsel, we are of the considered
opinion that petitioners are entitled to
protection, in view of the law laid down by
the Hon’ble Supreme Court in the case of
Lata Singh Vs. State of U.P. and Another;
2006 (5) SCC 475.
(7) Accordingly, we dispose of the writ
petition with a direction to the SHO, Police
Station Patelnagar, District Dehradun to
provide protection to the petitioners for a
period of six weeks to ensure that no
harm is caused to them by anyone
including the private respondents. SHO
concerned shall thereafter make fresh
assessment of the threat perception to the
petitioners and take such measures, as
are deemed necessary for protecting live
and liberty of petitioners.
(8) Let a certified copy of this order be issued today itself.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 02.08.2023 Ujjwal

marry
during
subsistence
of
earlier
marriage.

(6) Since, both the petitioners are adults

and they are residing together out of their

free will, therefore, without going into the

legal or moral issues, as raised by learned

State counsel, we are of the considered

opinion that petitioners are entitled to

protection, in view of the law laid down by

the Hon’ble Supreme Court in the case of

Lata Singh Vs. State of U.P. and Another;

2006 (5) SCC 475.

(7) Accordingly, we dispose of the writ

petition with a direction to the SHO, Police

Station Patelnagar, District Dehradun to

provide protection to the petitioners for a

period of six weeks to ensure that no

harm is caused to them by anyone

including the private respondents. SHO

concerned shall thereafter make fresh

assessment of the threat perception to the

petitioners and take such measures, as

are deemed necessary for protecting live

and liberty of petitioners.

(8) Let a certified copy of this order be
issued today itself.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
02.08.2023
Ujjwal

Shabana v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Shabana v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

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Case details

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