IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Manoj Kumar Tiwari, JJ.
Shivani & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (CRL) No. 68 of 2023
Decided On : 10-01-2023
Mandamus - Protection for Love Marriage - The court directed the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and provide necessary police protection for protecting the lives and liberty of the petitioners.
Fact of the Case:
The petitioners, who were in love and belonged to the same faith, solemnized their marriage as per Hindu customs and registered it under the Uttarakhand Compulsory Registration of Marriages Act, 2010. They sought protection from the Senior Superintendent of Police as they were apprehending harm to their life and liberty from family members who were not happy with the love marriage.
Finding of the Court:
The court disposed of the writ petition by directing the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and provide necessary police protection for the petitioners' lives and liberty.
Issues: The main issue was the petitioners' apprehension of harm to their life and liberty due to their love marriage and the inaction of the Senior Superintendent of Police in providing protection.
Ratio Decidendi: The court's decision was based on the need to ensure the safety and protection of the petitioners in light of their apprehension of harm due to their love marriage.
Final Decision: The court directed the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and provide necessary police protection for protecting the lives and liberty of the petitioners.
JUDGMENT
Manoj Kumar Tiwari, J. - In this petition, the petitioners have prayed for the following relief:-
'i) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents no. 1 & 2 to provide adequate protection to the petitioners as they are seriously apprehending harm to their life and liberty at the hands of respondent no. 3 and other family member and relatives of petitioner no.1 who are not happy with the love marriage of petitioners.'
2. In the present case, both the petitioners belong to the same faith and are major. Both the petitioners were in love and they wanted to marry each other. So they have solemnized their marriage on 07.01.2023 at Shiv Mandir, Laksar, District Haridwar as per Hindu customs and registered their marriage under the Uttarakhand Compulsory Registration of Marriages Act, 2010, (Copy of the marriage 1 certificate is annexed as Annexure No. 5 to the writ petition).
3. The learned counsel for the petitioners submits that the petitioners have already made a representation on 09.01.2023 before the Senior Superintendent of Police, District Haridwar- respondent no. 1 for protecting their lives, a copy whereof is annexed as Annexure No. 6 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed the present Writ Petition.
4. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, District Haridwar- respondent no. 1 to take a decision on the representation of the petitioners (Annexure No. 6) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the concerned SHO during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Kotwali Manglour, District Haridwar-respondent no. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners.
5. Consequently, pending applications, if any, also stand disposed of.
6. Let a free copy of this order be immediately handed over to Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand, for early compliance.
7. Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.
The court's decision was guided by the principle of mandamus, directing the law enforcement authorities to take action to protect the fundamental rights of the petitioners.
The court has the authority to issue a writ of mandamus directing law enforcement authorities to provide necessary protection to individuals facing threats to their lives and liberty.
The court has the authority to direct law enforcement agencies to provide necessary protection to individuals facing threats to their lives and liberty.
The court's decision emphasized the importance of providing protection to interfaith married couples facing threats and harassment.
The duty of the police to provide necessary protection to individuals in fear for their lives, especially in cases involving marriage and personal safety.
The court can issue a writ of mandamus to compel public authorities to perform their legal duty, such as providing necessary protection and security.
The court has the power to issue a writ of mandamus to compel public authorities to perform their duties, including providing necessary protection to individuals at risk.
The court can issue a writ of mandamus to compel public authorities to perform their legal duties, such as providing police protection in cases where individuals' lives and liberty are at risk.
The court has the authority to direct law enforcement to provide protection to individuals in danger.
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