Pet it ioners v. St at e of Ut t arakhand and Ot hers

Counsel for t he Pet it ioners : Mr. Alok Kum ar, Advocat e. Counsel for t he Respondent : Mr. Rakesh Kum ar Joshi, Nos. 1, 2 & 3 Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present pet it ion under Art icle 226 of t he Const it ut ion of I ndia has been filed wit h t he following prayers : - “ ( I ) a I ssue a writ , order or direct ion in t he nat ure of Mandam us direct ing t he respondent nos. 1 t o3 t o provide t he adequat e securit y of t he life and personal libert y t o t he pet it ioners from t he privat e respondent nos. 4 t o 15. ( I I ) I ssue a writ , order or direct ion in t he nat ure of Mandam us direct ing t he privat e respondent nos. 4 t o 15 not t o ext end t he life t hreat t o t he pet it ioners and furt her not t o int erfere t he pet it ioners. t he day- t o- day affairs of 1 ( I I I ) I ssue any ot her writ order or direct ion, which t his Hon'ble Court m ay deem fit and proper in t he circum st ances of t his case. ( I V) Award t he cost of writ pet it ion t o t he pet it ioners.” 2 . The case of t he pet it ioners is t hat t hey are m aj or. The pet it ioner no.1 is aged about 18 years and t he pet it ioner no.2 is aged about 32 years. They solem nized t heir m arriage on 06.01.2025. Their m arriage has been regist ered before t he Marriage Regist rat ion Officer Ghaziabad, Ut t ar Pradesh on

07.01.2025. The privat e respondent s, who are t he fat her of t he pet it ioner no.1 and his fam ily m em bers/ relat ives, are not sat isfied wit h t heir m arriage. Therefore, t heir m arriage is being opposed by t hem . 3 . Heard Mr. Alok Kum ar, learned counsel for t he pet it ioners and Mr. Rakesh Kum ar Joshi, learned Brief Holder for t he respondent nos. 1 2 & 3. 4 . The pet it ioners are present in- person before t his Court . They are ident ified by Mr. Alok Kum ar, Advocat e. The Court has an opport unit y t o int eract wit h t he pet it ioners. 5 . The pet it ioner no.1 has apprised t his Court t hat she has m arried t o t he pet it ioner no.2 on her own free will and wit hout any pressure. The pet it ioners 2 have apprised t hat t hey have t hreat percept ion at t he hands of t he privat e respondent s. They also apprised t hat t he pet it ioner no.1 subm it t ed a represent at ion dat ed 14.01.2025 t o t he Senior Superint endent of Police, Dist rict Haridwar seeking adequat e safet y and securit y for t he pet it ioners, but no act ion has been t aken by t he police. 6 . Needless t o say, it is t he fundam ent al right s of t he t wo adult s t o m arry each ot her. As per t he high school m arksheet and aadhar card of t he pet it ioners, annexed wit h t his writ pet it ion, t he dat e of birt h of t he pet it ioner no.1 is 01.01.2007 and t he dat e of birt h of t he pet it ioner no.2 is 01.08.1992. They are m aj or. They are free t o m arry anyone t hey like. Merely because t he privat e respondent s are dissat isfied wit h t heir m arriage, it does not perm it t hem t o t ake t he law on t heir own hands. 7 . Having regard t o t he fact s and circum st ances of t he case, t he Crim inal Writ Pet it ion ( WPCRL No. 38 of 2025) is allowed by passing t he following orders : - ( i) The privat e respondent s are rest rained from int erfering in t he m arit al life of t he pet it ioners. ( ii) I n case any illegal int erference is caused 3 by t he privat e respondent s in t he peaceful m arit al life of t he pet it ioners, t he pet it ioners shall approach t he Senior Superint endent of Police, Haridwar wit h a cert ified copy of t his order, who shall provide t hem im m ediat e prot ect ion. 8 . Urgent copy of t his order be supplied t o t he learned counsel for t he part ies, during t he course of t he day, as per rules. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Va ca t i o n Ju d g e Dat e: 16.01.2025 Shiv/ SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e 8b0b97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE 74454B24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD 4