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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Daraksha & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (Criminal) No. 2385 of 2022
Decided On : 19-12-2022
Protection - Special Marriage Act - The court directed the respondent State to provide protection to the petitioners at the residence of petitioner No. 2 from any threat, coercion, or harm, which may come from the relatives of petitioner No. 1, and to counsel them not to take the law into their own hands.
Fact of the Case:
The petitioners sought protection from the relatives of petitioner No. 1 as they desired to get married under the Special Marriage Act, but their alliance was not acceptable to the relatives, leading to serious apprehension of harm.
Finding of the Court:
The court found that the petitioners, being major, were entitled to take their own decisions with regard to their relationship, and directed the respondent State to provide them with protection and counsel the relatives not to take the law into their own hands.
Issues: Protection from harm due to inter-religious marriage alliance.
Ratio Decidendi: The court emphasized the right of the petitioners, as major individuals, to make their own decisions regarding their relationship and directed the respondent State to provide protection and counsel to the relatives.
Final Decision: The petition stands disposed of with a direction to the respondent State to provide protection to the petitioners and counsel the relatives not to take the law into their own hands.
JUDGMENT
Vipin Sanghi, CJ. - The present petition has been preferred by the petitioners to seek protection from respondent Nos. 4 and 5, who are the relatives of petitioner No. 1.
2. The case of the petitioners is that they are in love with each other. Both of them are major. They desire to get married under the Special Marriage Act. According to the petitioners, as they belong to different religions, their alliance is not acceptable to respondent Nos. 4 and 5, and they have serious apprehension of harm from them.
3. Since the petitioners are major, and they are entitled to take their own decisions with regard to their relationship, respondent Nos. 4 and 5, or any other person, have no right to interfere with the same.
4. We, accordingly, dispose of this petition with a direction to the respondent State to provide protection to the petitioners at the residence of petitioner No. 2 from any threat, coercion or harm, which may come from respondent Nos. 4 and 5, or any other person, at their instance. The S.H.O., P.S. Kiccha, District Udham Singh Nagar shall make an assessment to the threat perceived by the petitioners, and provide them adequate protection. In case, respondent Nos. 4 and 5, or any other person, approaches the petitioners, the said S.H.O. shall counsel them not to take the law into their own hands.
5. The petition stands disposed of in the aforesaid terms.
6. Interim Relief Application (IA No. 01 of 2022) also stands disposed of.
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 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.
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 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.
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.
The central legal point established in the judgment is the right of individuals to marry whosoever they like once they become major, and the obligation of the authorities to provide protection in cas....
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