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Kalpana Guta and Anr. v. State of Uttarakhand

Uttarakhand HC5 Jun 2025WPCRL/567/2025

Case brief

AI extract

What is this about?

High Court of Uttarakhand heard a writ petition from a married couple facing threats from relatives. The court relied on Supreme Court precedent and directed the SHO to assess threats and summon inimical parties for counseling.

What did the court decide?

Station House Officer directed to assess threat, provide protection if found, and summon inimical persons for counseling.

Kalpana Guta and Anr. Vs State of Uttarakhand — Matrimonial and Divorce | Uttarakhand HC (2025)

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2025:UHC:4564-DB

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR

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AND

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HON’BLE SRI JUSTICE ALOK MAHRA

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WRIT PETITION (CRL) NO. 567 OF 2025

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0 5 TH JUNE, 2025

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Kalpana Gupta & another …..Petitioners.

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Versus

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State of Uttarakhand & others ….Respondents. Counsel for the Petitioners : Mr. Shakti Singh, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate with Mr. R.K. Joshi, learned Brief Holder.

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The Court made the following:

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JUDGMENT:(per Hon’ble The Chief Justice Sri G. Narendar)

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Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of

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Uttarakhand.

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It is submitted that both the petitioners belong to the same religion, and that the petitioners developed a liking for each other, which has ended in marriage, and now both the petitioners are living together. Since the family members and others relatives of the first petitioner are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family and other relatives of the first

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2025:UHC:4564-DB

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petitioner, and hence they are before this Court praying for protection.

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The documents on record reveal that both the petitioners are majors, and it is also submitted by the learned Deputy Advocate General for the State that the parties have performed their marriage on 28.05.2025. The petitioners have also placed on record photographs of marriage as Annexure-1.

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In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 , the petitioners have made out a case for grant of protection.

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The Station House Officer, Police Station Rudrapur, District Udham Singh Nagar is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondent, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law.

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The Writ Petition stands ordered accordingly.

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2025:UHC:4564-DB

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Pending application, if any, also stands disposed of.

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(G. NARENDAR, C.J.)

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(ALOK MAHRA, J.)

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Dated: 05^th June, 2025 NISHANT

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NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.06.09 10:38:09 +05'30'

Kalpana Guta and Anr. v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Kalpana Guta and Anr. v. State of Uttarakhand

Case brief

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What did the court decide?

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