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.

JUDGMENT :

Alok Kumar Verma, J.

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

“i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to safeguard the life and liberty of the petitioners and to provide them safety and security as and when required from the clutches of respondent Nos. 3 to 5.

ii) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. The case of the petitioners is that they belong to the same faith. 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 respondent Nos. 4 and 5, brothers of petitioner No. 1, are not happy with this marriage. It is further alleged that due to this reason, respondent Nos. 3, 4 and 5 want to kill petitioner No. 2, and are threatening petitioners to implicate them in false criminal case.

3. According to the petitioners, they have already performed Nikah, which was solemnized as per Muslim rites and rituals on 11.01.2023, at Babarkhera, Tehsil Kashipur, District Udham Singh Nagar. As per the High school certificate and Aadhaar card, filed by the petitioners as Annexure Nos. 1 and 2 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 of both the petitioners. Having been left with no other remedy, the petitioners have filed the present writ petition.

4. Merely because the father, and other family members of the petitioner No.1, are not agree with the said marriage, it does not permit them to take the law in their own hands.

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 petitioners (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, respondent No. 2 - the SHO, Police Station Kashipur, District Udham Singh Nagar, shall provide necessary police protection for protecting the lives and liberty of the petitioners.

6. Interim Relief Application (IA No. 01 of 2023) 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.