IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Sabeena & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (Criminal) No. 2259 of 2022
Decided On : 07-12-2022
Muslim Marriage - Protection from Threat or Harm - 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, belonging to the Muslim religion, sought protection from threats and harm from respondent No. 3 and family members due to their refusal to obey commands regarding 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.
Issues: Threats and harm to petitioners due to refusal to obey marriage commands, lack of police action for protection.
Ratio Decidendi: The court's decision was based on the need to ensure the safety and security of the petitioners in the face of threats and harm, especially in the context of their Muslim 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
R.C. Khulbe, CJ. - Issue notice. Counsel appears and accepts notice on behalf of respondent Nos. 1 and 2.
2. The petitioners have preferred the present petition to seek protection from any threat or harm, which may come from respondent No. 3.
3. The case of the petitioners is that they both belong to Muslim religion. They got acquainted with each other, and after felling in love, decided to get married. It is alleged that respondent No. 3, father of petitioner No. 1, and other family members are pressurizing petitioner No. 1 to marry with a person of their choice. When she refused to obey their command, respondent No. 3 and other family members started treating her with physical and mental cruelty and also threatened petitioner No. 2.
4. According to the petitioners, they have already performed Nikah, which was solemnized as per Muslim rites and rituals on 19.11.2022, at Haldwani. According to the Aadhaar cards filed by the petitioners as Annexure Nos. 2 and 3 to this writ petition, both the petitioners are major. It is stated by the petitioners that they have submitted a representation before the Senior Superintendent of Police, Udham Singh Nagar, seeking adequate safety and security for themselves, but no action has been taken by the police for protecting the lives and property of both the petitioners. Having been left with no other remedy, the petitioners have filed the present writ petition.
5. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Udham Singh Nagar, respondent No. 1, to take a decision on the representation of the petitioner (Annexure No. 4) within 30 days from today. The Senior Superintendent of Police, District Udham Singh Nagar shall take information and intelligence from the concerned SHO during the course of action whether police protection is required or not. In the interregnum, the SHO, Police Station Rudrapur, District Udham Singh Nagar - respondent No. 2, shall provide necessary police protection for protecting the lives and liberty of the petitioners.
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 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 duty, such as providing necessary protection and security.
The court can issue a mandamus directing the police to provide necessary protection to individuals facing harassment and interference in their married life.
Opposition to marriage does not justify threats or violence, and the police have a duty to ensure the safety and security of individuals facing such threats.
The court has the authority to direct law enforcement to provide protection to individuals in danger.
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's decision emphasized the importance of providing protection to interfaith married couples facing threats and harassment.
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 entitlement of adults to lead their lives as they see fit and the State's duty to ensure protection from perceived threat or coercion.
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.
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