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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, Alok Kumar Verma, JJ.
Pooja Devi - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Criminal Writ Petition No. 2305 of 2022
Decided On : 12-12-2022
Marriage - Interim Protection - Fundamental Right to Marry
Fact of the Case:
The petitioner got married against the wishes of her family members, who opposed the marriage due to different castes. She expressed threat perception from her family members.
Finding of the Court:
The court directed the police to provide protection to the petitioner as an interim measure, emphasizing the fundamental right of adults to marry each other and the prohibition of taking the law into one's own hands.
Issues: Threat perception from family members due to inter-caste marriage
Ratio Decidendi: Fundamental right of adults to marry, prohibition of taking the law into one's own hands
Final Decision: Interim relief application disposed of, with the direction for police protection and issuance of notices to the family members
JUDGMENT
Alok Kumar Verma, J. - Heard.
2. The petitioner is present in person before this Court. She is identified by Mr. Vaibhav Singh, Chauhan, Advocate.
3. Learned counsel appearing for the petitioner submitted that Mr. Charan Singh is also present.
4. The case of the petitioner is that she got married to Mr. Charan Singh on 09.06.2019 against the wishes of the respondent nos. 4 to 8, the family members of the petitioner. At the time of the said marriage, the petitioner and her husband Charan Singh were major. They belong to the same faith; but, their castes are different. Therefore, their marriage is being opposed by the private respondent nos. 4 to 8.
5. The petitioner has apprised this Court that she has threat perception at the hands of the private respondent nos. 4 to 8.
6. There is a prima facie proof of the age of the petitioner. The said marriage has been registered with the Registrar, Compulsory Registration of Marriages, Haridwar.
7. Needless to say, it is the fundamental right of the two adults to marry each other, and, merely because the family members are dissatisfied with the marriage, it does not permit them to take the law on their own hands.
8. Therefore, as an interim measure, we direct the Station House Officer, Police Station Jhabrera, District Haridwar, the respondent no. 3, to immediately provide the proper protection to the petitioner, as there is a threat perception at the hands of the private respondent nos. 4 to 8.
9. Issue notices to the respondent nos. 4 to 8.
10. Steps to be taken within one week.
11. Learned Counsel for the State submitted that counter affidavit is not needed, however, he requested ten days' time to get instructions.
12. List on 14.02.2023.
13. Interim Relief Application (I.A. No. 01 of 2022) stands disposed of.
14. Let a certified copy of this order be issued to learned counsel for the parties, today itself, on payment of usual charges.
The fundamental right of adults to marry and the prohibition of taking the law into one's own hands
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 disagreement with a marriage does not permit individuals to take the law into their own hands.
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 High Court may direct state authorities to provide police protection to couples who have married against family wishes, provided such directions do not constitute a judicial validation of the mar....
The Court may direct law enforcement to evaluate threat perceptions in cases involving inter-party disputes without adjudicating on the validity of a marriage, ensuring personal safety while preservi....
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