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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Sadma & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Criminal Writ Petition No. 130 of 2023
Decided On : 18-01-2023
Protection - Inter-caste Marriage - The court directed the police to ensure the protection of a couple who underwent an inter-caste marriage, in accordance with the mandate of law laid down by the Hon'ble Supreme Court in the case of Lata Singh vs. State of U.P. and Another.
Fact of the Case:
The petitioners sought protection due to threats from the father and brother of petitioner no.1 following their inter-caste marriage.
Finding of the Court:
The court directed the Senior Superintendent of Police to ensure compliance with the mandate of law laid down by the Hon'ble Supreme Court in the case of Lata Singh (supra) for the protection of the couple.
Issues: Threats to the couple following an inter-caste marriage.
Ratio Decidendi: The court relied on the mandate of law laid down by the Hon'ble Supreme Court in the case of Lata Singh vs. State of U.P. and Another to direct the police to ensure the protection of the couple.
Final Decision: The writ petition stands disposed of with the observation to ensure the protection of the petitioners in accordance with the law.
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 through video conferencing and perused the record.
3. According to the petition, both the petitioners got married on 10.01.2023 at Jama Masjid, Laksar, District Haridwar, but the respondent nos.4 and 5, who are the father and brother of the petitioner no.1 are not happy with the marriage and they are threatening the petitioners.
4. Both, petitioner no.1-Smt. Sadma and petitioner no.2-Samrej are present before this Court through video conferencing, duly identified by their counsel. They would submit that they are married.
5. 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.
6. 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."
7. This Court reminds Senior Superintendent of Police, District Haridwar 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.
8. With the above observation, the instant writ petition stands disposed of.
AI
The court emphasized the need to protect couples undergoing inter-caste marriages in accordance with the mandate of law laid down by the Hon'ble Supreme Court.
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 ....
A person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that t....
Individuals major in age have the right to marry freely, and any interference by family members in inter-caste marriages is illegal.
Inter-caste marriages are in the national interest and those who threaten or harass such couples must be severely punished.
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