IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Manoj Kumar Tiwari, JJ.
Palak & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (CRL) No. 41 of 2023
Decided On : 07-01-2023
Marriage - Protection against Apprehended Threat - The court directed the authorities to provide protection to the petitioners at their residence after making an assessment of the threat perceived from the relatives of petitioner no.1.
Fact of the Case:
The petitioners sought protection against apprehended threat, coercion, and harm from the relatives of petitioner no.1, claiming that they are major and got married on their own free will.
Finding of the Court:
The court found that the petitioners, being major, are entitled to make their own decisions with regard to marriage and living arrangements, and no one is entitled to interfere in that freedom.
Issues: The main issue was the protection of the petitioners against the perceived threat from their relatives.
Ratio Decidendi: The court's decision was influenced by the principle that adults have the right to make their own decisions regarding marriage and living arrangements, and the authorities have a duty to provide protection in cases of perceived threat.
Final Decision: The court disposed of the writ petition with a direction to the authorities to provide protection to the petitioners at their residence after assessing the perceived threat from the relatives of petitioner no.1.
JUDGMENT
Vipin Sanghi, CJ. - Issue notice. Learned Brief Holder appears and accepts notice on behalf of State- respondent nos.1 to 3.
2. The petitioners have preferred the present writ petition to seek protection against apprehended threat, coercion and harm, which may come from respondent nos.4 to 6, who are the relatives of petitioner no.1.
3. The petitioners state that they both are major and they have got married on their own free will. Documents to show that they are major have been placed on record, including the Aadhar card and school record of petitioner no.1 and, Aadhar card and family register of petitioner no.2. The petitioners have placed on record their marriage certificate and photographs to show that they have got married on 28.11.2022. The petitioners have disclosed their permanent address of Uttar Pradesh, and present address of Village and P.O. Khanpur, Bharmpur, Barampur, P.S. Kotwali Laksar, District Haridwar. The petitioners are present and have signed the order-sheet to establish their presence before us.
4. Learned Brief Holder for the State, on instructions, states that the address provided within the State appears to be incomplete.
5. Learned counsel for the petitioners states that there is a rent agreement entered into by petitioner no.2 of the premises taken by them on rent for their residence at Laksar. A copy of the same shall be provided to learned counsel for the State today itself. The same be also brought on record.
6. Since the petitioners are major, they are entitled to make their own decisions with regard to marriage and with whom they wish to live. No person is entitled to interfere in that freedom of the petitioners.
7. Accordingly, we dispose of the present writ petition with a direction to the respondents-authorities to provide protection to the petitioners at their residence in Laksar, District Haridwar, after making an assessment of the threat perceived from respondent nos.4 to 6.
8. Pending application, if any, also stands disposed of.
9. Let a certified copy of this order be issued to learned counsels for the parties, today itself, as per Rules.
Adults have the right to make their own decisions regarding marriage and living arrangements, and the authorities have a duty to provide protection in cases of perceived threat.
Adult individuals have the right to make their own decisions regarding their relationships, and authorities are responsible for providing protection from threats or harm in such cases.
The entitlement of adults to lead their lives as they see fit and the State's duty to ensure protection from perceived threat or coercion.
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