IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Alok Kumar Verma, JJ.
Vishansi and another - Petitioners
Versus
State of Uttarakhand & others – Respondents
Writ Petition (Criminal) No. 215 of 2023
Decided On : 13-02-2023
Protection - Marriage - 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, who got married as per Hindu rites and rituals, sought protection against threats and illegal actions from the father of petitioner No. 1.
Finding of the Court:
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.
Issues: Threats and illegal actions against the petitioners, failure of police to provide protection.
Ratio Decidendi: The court held that the father's disagreement with the marriage does not permit him to take the law into his own hands.
Final Decision: 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 protecting the lives and liberty of the petitioners.
JUDGMENT :
Alok Kumar Verma, J.
In this petition, the petitioners have prayed for the following reliefs :
ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 not to infringe the fundamental right of the petitioners.
iii) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
iv) Issue a writ, order or direction to respondent Nos. 1 and 2 to decide the representation of the petitioner representation dated 01.02.2023 (containing annexure No. 3) submitted to the respondent Nos. 1 and 2.”
2. The case of the petitioners is that they both are Hindu by religion. They got married with each other on 06.12.2022, at Shiv Mandir Kachahari Roshanabad, Haridwar, as per Hindu rites and rituals. The petitioners got registered their marriage on 13.12.2022 before the Registrar, Compulsory Registration of Marriages, Haridwar.
3. According to the petitioners, respondent No. 3, who is father of petitioner No. 1, never accepted their relationship and, is not happy with this marriage.
4. As per the High School Certificate and Aadhaar card filed by the petitioners as Annexure No. 1 to this writ petition, both the petitioners are major. It is alleged that respondent No. 3, and his associates, are threatening to 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 life peacefully. According to the petitioners, they submitted a representation dated 01.02.2023 before the Senior Superintendent of Police, Haridwar, 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 of the petitioner No.1 is not agree with the said marriage, it does not permit him to take the law on his own hand.
6. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Haridwar, 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 Haridwar 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 Bhagwanpur, District Haridwar, 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.
8. 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 authority to direct law enforcement to provide protection to individuals in danger.
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 issue a writ of mandamus directing law enforcement authorities to provide necessary protection to individuals facing threats to their lives and liberty.
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's decision emphasized the importance of providing protection to interfaith married couples facing threats and harassment.
The court's decision was guided by the principle of mandamus, directing the law enforcement authorities to take action to protect the fundamental rights of the petitioners.
The duty of the police to provide necessary protection to individuals in fear for their lives, especially in cases involving marriage and personal safety.
The court can issue a mandamus directing the police to provide necessary protection to individuals facing harassment and interference in their married life.
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 writ of mandamus to compel public authorities to perform their legal duties, such as providing police protection in cases where individuals' lives and liberty are at risk.
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