IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. G. NARENDAR, C.J.

HON’BLE MR. ASHISH NAITHANI, J CRIMINAL WRIT PETITION NO. 114 of 2025 Smt. Shaziya W/o Shri Aquib Rehman & Another ….Petitioners Versus Senior Superintendent of Police, Nainital & Others ….Respondents Presence Mr. A.K Sharma, learned counsel for the petitioner.

Mr. J.S.Virk., learned Deputy Advocate General for the State.

JUDGMENT

The present petition has been filed under Article 226 of the Constitution of India, seeking protection and security for the petitioners, who have married against the wishes of the private respondents, being family members of petitioner no. 1. The petitioners also seek relief against any coercive action by the police or private respondents.

2. The brief facts leading to the filing of this writ petition are that petitioner no. 1, Smt. Shaziya, aged about 22 years, and petitioner no. 2, Aquib Rehman, aged about 21 years, have entered into marriage on 12.02.2025, as per Muslim customs at Marriage Cent. No. 4, Kashipur, District Udham Singh Nagar. The petitioners claim that their marriage was solemnized with mutual consent, and both were unmarried prior to this marriage.

3. The petitioners contend that petitioner no. 1’s family was opposed to their marriage. Upon coming to know about it, private respondent nos. 3 and 4, being the father and brother of petitioner no. 1, have been issuing threats to the petitioners, creating a hostile environment for their marital life.

4. It is further contended that on 15.02.2025, petitioner no. 1 submitted a representation to respondent no. 1, Senior Superintendent of Police, Nainital, seeking protection, but no action has been taken. The petitioners have alleged that they fear for their life and liberty and are unable to reside peacefully due to threats from private respondents.

5. The petitioners submit that they are hiding and are unable to exercise their fundamental rights under Article 21 of the Constitution of India. They apprehend false criminal proceedings against petitioner no. 2 at the behest of private respondents.

6. The learned counsel for the petitioners contends that since both petitioners are major and have married of their free will, their rights to life, liberty, and privacy must be safeguarded against threats or interference from private respondents.

7. 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 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 their families cannot interfere in their marital life. The Court further held that any interference in such marriages, especially by family members, amounts to a violation of fundamental rights under Articles 19 and 21 of the Constitution.

8. In view of the facts and circumstances of the case, and to ensure that no harm is caused to the petitioners due to their matrimonial alliance, this Court directs SHO, Police station – Bhanbulpura, District Nainital to provide protection to petitioners for a period of 6 weeks to ensure that no harm is caused to them by private respondents or any other person acting at their behest. Upon expiry of 6 weeks, the SHO concerned shall make fresh assessment of threat perception of petitioners and take such steps, as are felt necessary. Further, respondent nos. 3 and 4 are restrained from interfering in the marital life of the petitioners or causing any harm to them in any manner.

9. With the above observations and directions, the present writ petition stands disposed of. Let a certified copy of this order be issued within twenty-four hours.

G. NARENDAR, C.J.

ASHISH NAITHANI, J.

Dt:24^th February, 2025 Nr/