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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Kajal @ Sameena Parveen & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (Criminal) No. 2381 of 2022
Decided On : 20-12-2022
Marriage - Protection - The court directed the State authorities to provide protection to the petitioners, a married couple, from any threat, coercion, or harm, particularly from the father of one of the petitioners.
Fact of the Case:
The petitioners, a 19-year-old Muslim and a 20-year-old Hindu, claimed to have married as per Hindu rites. They sought protection from the State authorities due to apprehension of threat and coercion from the father of the Muslim petitioner.
Finding of the Court:
The court directed the State authorities to assess the threat perceived by the petitioners and provide them with necessary protection from any harm or coercion, particularly from the father of one of the petitioners. The S.H.O. was also directed to counsel the father not to take the law into his own hands.
Issues: Protection sought by married couple, threat from father of one petitioner
Ratio Decidendi: The court emphasized the entitlement of the petitioners, as adults, to lead their lives as they see fit and directed the State authorities to ensure their protection from any perceived threat or coercion.
Final Decision: The petition was disposed of with a direction to the State authorities to assess the threat perceived by the petitioners and provide them with necessary protection from any harm or coercion, particularly from the father of one of the petitioners.
JUDGMENT
Vipin Sanghi, CJ. - The petitioners have preferred the present petition to seek a direction to the State authorities to provide protection to the petitioners so that they can lead a peaceful life.
2. Petitioner No. 1 is 19 years old. Petitioner No. 2 is 20 years old. They claim that they have got married as per Hindu rites. Petitioner No. 1 is Muslim by religion. Prima facie, it appears that their marriage, as a Hindu marriage, may not be legal. However, in any event, the two being major they are entitled to lead their lives in the way they think it appropriate. No person has a right to interfere in the same. Respondent No. 4 is the father of petitioner No. 1, from whom the petitioners have apprehension of threat and coercion.
3 We dispose of this petition with a direction to respondent Nos. 1 to 3 to make an assessment of the threat perceived by the petitioners, and to provide them protection to the extent necessary from any threat, coercion or harm, which may come from respondent No. 4, or any other person, at his instance. The respondent No. 3 - S.H.O., P.S. Jaspur, District Udham Singh Nagar shall counsel respondent No. 4 not to take the law into his own hands.
4. The petition stands disposed of in the aforesaid terms.
5. Interim Relief Application (IA No. 01 of 2022) also stands disposed of.
6. Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.
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.
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 court can issue a mandamus directing the police to provide necessary protection to individuals facing harassment and interference in their married life.
Recognition of the right to live in a live-in relationship and protection of life and liberty in the context of an interfaith marriage.
The right of major individuals to make their own decisions regarding their relationship and the obligation of the State to provide protection in cases of potential harm.
The court's primary concern was to address any genuine threat to the petitioners' lives and liberty, without expressing any opinion on the validity of the petitioners' marriage.
The court emphasized the duty of the police to ensure the safety and security of individuals facing threats and harm, especially in the context of a Muslim marriage.
Consenting adults have the right to make their own decisions with regard to their relationship, and the State has a duty to provide protection from potential harm or coercion.
The court has the authority to direct law enforcement to provide protection to individuals in danger.
Adults have the fundamental right to choose their life partners, and the state has a duty to provide protection in cases of threats or harm.
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