Smt. Khushboo Chaudhary & Anr. v. State of Uttarakhand & Ors.

Ms. Prabha Noliyal, learned Counsel for the petitioners. Mr. Nandan Arya, learned AGA for the State/respondents no 1 to 3. (cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133) October 27, 2009 Coram: Hon. B.C. Kandpal, J. Hon. Dharam Veer, J. By way of this petition, the petitioners have prayed for issuing a writ in the nature of mandamus directing the respondents no. 1, 2 & 3 for providing the protection to the life and liberty of the petitioners. Heard Ms. Prabha Noliyal, learned Counsel for the petitioners and Mr. Nandan Arya, learned AGA for the respondents no. 1 to 3 and perused the record. The case of the petitioners is that both of them are major and they have solemnized marriage with each other as per Hindu rituals on 15.10.2009. They have also registered their marriage in the office of the Registrar at Nainital on 16.10.2009 under the provisions of the Hindu Marriage Act, 1955. Ever since their marriage has been solemnized, they are getting continuous threat for their life and liberty from the respondents no. 4 to 8. Hence, in order to protect the life and liberty of the petitioners, it is 2 essential they should be provided adequate protection. Having considered the submissions made by the learned Counsel for the parties and after perusing the material available before us, we are of the view that there is no ground for issuing the direction in the nature of writ of mandamus to respondents no. 1 to 3 for providing the protection to the petitioners. However, we feel that in case there is any actual danger to the life and liberty of the petitioners, then they may move the representation before the SSP, Nainital who, after assessing the entire situation, shall take the necessary steps in this regard. With the aforesaid observation, the writ petition is disposed of. (Dharam Veer, J.) 27.10.2009 (B.C. Kandpal, J.)

27.10.2009 Prabodh