Sabiha and Anr. Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

Sabiha and Anr. Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Police protection: SHO, Police Station Pulbatta, District Udham Singh Nagar to assess the threat to the petitioners' life and limb and provide necessary protection, and to summon and counsel the private respondents and others inimically placed towards the marriage; writ petition ordered accordingly and pending miscellaneous petitions closed.

Issue for consideration

Whether the petitioners, a couple validly married of their own will and living together, who seriously apprehend threat to their life and limb from the family members of petitioner no.1, are entitled to protection from this Court.

Court's answer

Both petitioners being major and married, and relying on the Supreme Court ruling in Lata Singh ((2006) 5 SCC 475), this Court held that the petitioners had made out a case for grant of protection.

Ratio / Principle

The Station House Officer, Police Station Pulbatta, 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 a threat is found.

Key takeaways

The SHO is further directed to summon the private respondents and other persons inimically placed towards the marriage and counsel them in accordance with law.ratio¶19

Detailed headnote1 paragraphs

Uttarakhand High Court (Nainital), Writ Petition Criminal No. 576 of 2025, decided 06.06.2025 (coram: G. Narendar, C.J. and Alok Mahra, J.). Two major petitioners, married according to Muslim rites on 21.05.2025 at Bareilly and living together, sought State protection as the family of petitioner no.1 opposed the marriage and threatened to kill them. Relying on Lata Singh v. State of U.P., (2006) 5 SCC 475, the Court held the petitioners had made out a case for protection and directed the SHO, Police Station Pulbatta, District Udham Singh Nagar to assess the threat and provide necessary protection if found warranted, and further to summon and counsel the private respondents and other persons inimically placed towards the marriage. The writ petition was allowed accordingly and pending miscellaneous applications were closed.

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR

AND

THE HON’BLE JUSTICE MR. ALOK MAHRA

Writ Petition Criminal No. 576 of 2025

6^th June, 2025

Sabiha and Another --Petitioners

Versus

State Of Uttarakhand and Others

--Respondents

Presence:-

Mr. Mohit Kumar Kashyap, counsel for the petitioners. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Joshi, learned Brief Holder for the State.

JUDGMENT: (per Mr. G. Narendar C.J.)

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

It is submitted that both the petitioners belong to the same faith, 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 of the petitioner no.1 are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit

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that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family members of the first petitioner, and hence they are before this Court praying for protection.

The documents on record reveal that both the petitioners are major, and it is also submitted by the counsel for the petitioners that the parties have performed marriage according to Muslim Rites and Customs on 21.05.2025 at Masjid, Alahazrat Markar, Bareilly, U.P.

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

The Station House Officer, Police Station Pulbatta, 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 respondents, and such other persons, who are inimically placed towards the marriage of the

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petitioners, and counsel them, in accordance with law.

The writ petition stands ordered accordingly.

As a sequel thereto, the miscellaneous

petitions, if any pending, shall stand closed.

(ALOK MAHRA, J.)

Dated: 06.06.2025

BS

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