I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR

AND

THE HON’BLE SRI JUSTICE SUBHASH UPADHYAY

WRI T PETI TI ON (CRI MI NAL) NO. 1334 OF 2025

29^TH OCTOBER, 2025

Ujala and another …… Petitioners

Versus

State of Uttarakhand & others …… Respondents

Counsel for the petitioners : Mr. Shariq Khurshid, learned counsel Counsel for the respondents : Mr. J.S. Virk, learned Deputy

Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand /

respondent Nos. 1 and 2

The Court made the following:

JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar)

Heard learned counsel for the petitioners, and

learned Deputy Advocate General for the State of

Uttarakhand.

2) It is submitted that both the petitioners belong to the same religion, but their castes are different, and that the petitioners developed a liking for each other,

which has culminated into marriage, and now both the petitioners are living together. Since the family members and other relatives of the first petitioner are against this inter-caste marriage, they are giving out threats to kill both the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family members and other relatives of the first petitioner, and hence they are before this Court praying for protection.

3) The documents on record reveal that both the petitioners are majors, and it is submitted by the counsel for the petitioners that the parties have solemnized marriage on 30.06.2025, as per Hindu rites and rituals at Gayatri Mandir, Kashipur, District Udham Singh Nagar. It is further submitted that the parties have got their marriage registered under the Uniform Civil Code, Uttarakhand, 2024 before the Sub Registrar, Registration of Marriage, Bazpur, District Udham Singh Nagar on 11.08.2025, copy of marriage registration certificate is enclosed as Annexure-1 to the petition.

4) In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lata Singh Vs State of U.P. and another, (2006) 5 SCC 475 the petitioners have made out a case for grant of protection.

5) The Station House Officer, Police Station Kotwali Bazpur, District Udham Singh Nagar is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondents, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law.

6) The writ petition stands ordered accordingly.

7) As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed.

________________ G. NARENDAR, C.J.

_________________

SUBHASH UPADHYAY, J.

Dt: 29^TH OCTOBER, 2025 Negi Digitaly signed by HIMANSHU NEGI HIMANS DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf1 16e73351fdaf6878326386908a7f90d5757, HU NEGIpostalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51 A722A6BC552D470EB4FD2F88DDF7C18DB

2A1524A4D, cn=HIMANSHU NEGI Date: 2025.10.31 17:01:11 +05'30'