SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(UK) 72

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Gurmeet Kaur & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Criminal Writ Petition No. 137 of 2023
Decided On : 20-01-2023

Advocates appeared:
Abhishek Verma, Advocate, Lalit Sharma, Advocate

The legal principle established is the obligation of the police to protect couples undergoing inter-caste or inter-religious marriages from harassment and threats, as directed by the Hon'ble Supreme Court.

Headnote:

Harassment - Inter-religious Marriage - The court directed the police to ensure the protection of a couple who underwent an inter-religious marriage and were being harassed by the parents of one of the parties.

Fact of the Case:

The petitioners, a married couple, sought protection from the harassment and threats they were facing from the parents of one of the petitioners due to their inter-religious marriage.

Finding of the Court:

The court reminded the Senior Superintendent of Police of the mandate of law, as laid down by the Hon'ble Supreme Court, to ensure the protection of couples who undergo inter-caste or inter-religious marriages and are subjected to harassment or threats.

Issues: Harassment and threats faced by the petitioners due to their inter-religious marriage.

Ratio Decidendi: The court relied on the directive of the Hon'ble Supreme Court in the case of Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475, to emphasize the protection of couples undergoing inter-caste or inter-religious marriages.

Final Decision: The instant writ petition was disposed of with the observation that the Senior Superintendent of Police should ensure compliance with the directive of the Hon'ble Supreme Court.

JUDGMENT

Ravindra Maithani, J. - The petitioners have approached this Court seeking protection so that they may lead a peaceful life.

2. Heard learned counsel for the petitioners and perused the record.

3. According to the petition, both the petitioners got married on 16.01.2023 according to the Sikh Rites and Rituals at GurudwaraSangat Sahib situated at Mullakhera, Kuakhera, Parewa, Tehsil Bilaspur, District Rampur, Uttar Pradesh, but the respondent nos. 3 and 4, who are the father and mother respectively of the petitioner no.1 are not happy with the marriage and they are threatening the petitioners.

4. Learned counsel for the petitioners would submit that both the petitioners are major and they are married on 16.01.2023; the parents of petitioner no. 1 are not happy with it and they are harassing and extending threat to them.

5. The petitioners - GurmeetKaur and Harman SinghLahri are present before this Court. They would submit that they got married on 16.01.2023.

6. Be it as it may, according to the petitioners, both are major. They have filed the documents in support of their age. According to them, they are staying together.

7. In the case of Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475, Hon'ble Supreme Court directed as hereunder:-

'17. ...................We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

8. This Court reminds Senior Superintendent of Police, District Udham Singh Nagar the mandate of law, as laid down by the Hon'ble Supreme Court in the case of Lata Singh (supra), who shall ensure the compliance thereof.

9. With the above observation, the instant writ petition stands disposed of.

10. Let a certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top