The court can issue a mandamus directing the police to provide necessary protection to individuals facing harassment and interference in their married life.

JUDGMENT :

VIPIN SANGHI, J.

1. In this petition, the petitioners have prayed for the following reliefs:

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to give police protection to the petitioners so that they may live their marital life peacefully and liberty of the petitioners may be secured.

(ii) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.”

2. The case of the petitioners is that they both are Muslim by religion. They performed Nikah on 15.04.2023, at Khera Masjid, Rudrapur, District Udham Singh Nagar, as per Muslim rites and customs.

3. According to the petitioners, respondent Nos. 4 to 6 are father, uncle and brother of petitioner No. 1 respectively, who are harassing them, and causing interference in the married life of petitioners.

4. As per High School Certificates, filed by the petitioners as Annexure No. 1 to this writ petition, both of them are major. It is alleged that the private respondent, are threatening the petitioners with dire consequences, and due to this reason the lives of the petitioners are in danger and they are unable to lead their married life peacefully. According to the petitioners, they submitted a representation dated 17.04.2023 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 of both the petitioners. Having been left with no other remedy, the petitioners have filed the present writ petition.

5. Merely because the father and other relatives of petitioner No. 1 are not happy with the said marriage, it does not permit them to take the law on his own hand. Every citizen is entitled to live in an environment of peace and safety, and lead his marital life, as per his own wishes.

6. 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. 2, to take a decision on the representation of the petitioners (Annexure No. 3) 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, shall provide necessary police protection for protecting the lives and liberty of the petitioners.

7. Interim Relief Application (IA No. 01 of 2023) also stands disposed of.