HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE THE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTI CE ASHI SH NAI THANI

16^TH JANUARY, 2026 WRI T PETI TI ON ( CRL) NO. 139 OF 2026 Soni Rana …...Petitioner.

Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioner : Ms. Geetanjali Dhami, learned counsel.

Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder.

JUDGMENT :(per Mr. Manoj Kumar Gupta, C.J.)

The petitioner is seeking a writ of mandamus directing respondent nos.2 to 4 to provide immediate and effective police protection to the petitioner and her minor son; to direct the police authorities to ensure the petitioner’s peaceful entry and residence in her matrimonial/ shared household; direct the respondent- police authorities to restore the petitioner’s possession over her matrimonial/ shared household, from which, she has been forcibly dispossessed, and; to ensure that the minor son of the petitioner is not harmed by respondent nos.5 to

9.

2. The petitioner claims herself to be the widow of Late Vijendra Singh Rana. Her case is that after the death of her husband on 01.09.2021, she was thrown out of the matrimonial/ shared household and the respondents, who are her in-laws, have also illegally retained custody of the minor child.

3. Under the Protection of Women from Domestic Violence Act, 2005 (for short hereinafter referred to as “the Act”), which as per pleadings made in the writ petition would apply, the petitioner has remedy to seek protection orders and residence orders under Sections 18 and 19 thereof.

4. Under the afore-said provisions, in case, any application is filed, the Magistrate has to hold an inquiry after giving notice to the other side. The Magistrate, there- under, also has power to pass directions, which he deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of the aggrieved person.

5. Since the efficacious alternate remedy is available to the petitioner, therefore, we decline to examine the grievances in the present petition and permit the petitioner to avail the remedy provided under the Act.

6. It is further provided that, in case, the petitioner takes recourse to the proceedings under the Act, the same shall be decided expeditiously, strictly in accordance with law.

7. The Writ Petition is disposed of with the afore-

said liberty.

8. Pending application, if any, also stands disposed of.

MANOJ KUMAR GUPTA, C.J.

ASHI SH NAI THANI , J.

Dated: 16^th January, 2026

NISHANT