I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE MR. G. NARENDAR, C.J.

HON’BLE MR. ASHISH NAITHANI, J WRI T PETI TI ON (CRI MI NAL) No.111 of 2025 Smt. Muskan & another …Petitioners Versus State of Uttarakhand & others …Respondents Counsel for the petitioners : Mr. Faizan Ali, learned counsel.

Counsel for State : Mr. J.S. Virk, learned DAG.

JUDGMENT : (per HON’BLE MR. ASHISH NAITHANI, J The present petition has been filed under Article

226 of the Constitution of India, seeking protection and security for the petitioners, who have entered into a love relationship and wish to marry against the wishes of private respondent no. 3, who is the father of petitioner no. 1. The petitioners also seek relief against any coercive actions or threats by private respondent no. 3 or other family members. 2. The brief facts leading to the filing of this writ petition are that petitioner no. 1, Smt. Muskan, aged about 23 years, and petitioner no. 2, Mohd Asif, aged about 29 years, have been in a relationship and have decided to marry each other. Petitioner no. 1 has been facing pressure from respondent no. 3 and other family members, who are opposed to their relationship and have allegedly issued threats to her life and liberty.

3. It is contended that when petitioner no. 1 informed her father about her intention to marry petitioner no. 2, he refused and attempted to force her into a marriage against her will. Subsequently, petitioner no. 1 left her parental home and started residing with petitioner no. 2. Since then, both petitioners have been receiving threats from respondent no.

3 and other family members.

4. The petitioners state that despite their representation dated 18.02.2025 submitted to respondent no. 1, Senior Superintendent of Police, Nainital, seeking protection, no concrete action has been taken. The petitioners apprehend harm to their life and liberty and are unable to live peacefully due to continuous threats.

5. The learned counsel for the petitioners contends that both petitioners are adults, have taken their decision freely, and their right to life, liberty, and privacy must be safeguarded under Article 21 of the Constitution of India.

6. Having considered the submissions made by the learned counsel for the parties and after perusal of the record, this Court finds that the petitioners, being major, have the right to make decisions regarding their personal life, including marriage, as guaranteed under Article 21 of the Constitution of India. The Hon'ble Supreme Court, in Lata Singh vs. State of U.P. &Anr. [ ( 2006) 5 SCC 475] , has held that consenting adults have the right to marry as per their choice, and interference from family members amounts to a violation of fundamental rights under Articles 19 and 21 of the Constitution.

7. In view of the facts and circumstances of the case, and to ensure the safety of the petitioners, this Court directs the Station House Officer, Police Station – Kaladhungi, District Nainital, to provide necessary protection to the petitioners for a period of six weeks. Upon expiry of six weeks, the SHO concerned shall make a fresh assessment of the threat perception of the petitioners and take further action as deemed necessary. Further, respondent no. 3 and other family members are restrained from interfering in the life of the petitioners or causing them any harm in any manner.

8. With the above observations and directions, the present writ petition stands disposed of.

G. NARENDAR, C.J.

ASHI SH NAI THANI , J.

Dt:25^th February, 2025