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2025 DAILYLAW 1330 (UTT)

SEEMA DEVI v. STATE OF UTTARAKHAND

WPCRL/35/2025 · 2025-01-09

Ashish Naithani, G Narendar

Writ Petition (Criminal)body2025

Judgment text

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2025:UHC:421-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI WRIT PETITION (CRIMINAL) NO. 35 OF 2025 9TH JANUARY, 2025 Seema Devi and another …… Petitioners Versus State of Uttarakhand & others …… Respondents Counsel for the petitioners : Mr. Alok Kumar, learned counsel Counsel for the respondents : Mr. S.S. Chauhan, learned Deputy Advocate General with Mr. Girish Chandra Joshi, learned AGA 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 Mr. Alok Kumar, and the learned Deputy Advocate General for the State Mr. S.S. Chauhan. 2) It is submitted that both the petitioners belong to the same community and that they developed a liking 2025:UHC:421-DB 2 for each other, which has ended in a decision to get married. That now the relatives of the 1st petitioner are coercing her, and giving out threats that the 1st petitioner should not marry the 2nd petitioner. The father of the 1st petitioner was very annoyed and even went to the extent of giving out threat to kill both of them. That, now both the petitioners have applied for registration of their marriage under the Uttarakhand Compulsory Registration of Marriage Act, 2010, and that they are facing stiff resistance, and they seriously apprehend threat to their lives and limbs from the family of the 1st petitioners and other family members, and, hence, they are before this Court praying for protection. 3) The documents on record reveal that both the petitioners are major, and it is also submitted by the petitioners that they have applied before the Registrar, Compulsory Registration of Marriages, Haridwar, and are awaiting communication to formalize the marriage between them. 4) In that view of the matter, in view of the ruling of the Apex Court in the case of Lata Singh vs. State of U.P. & Another, (2006) 5 SCC 475, the petitioners have made out a case for grant of protection. 2025:UHC:421-DB 3 5) The Senior Superintendent of Police, Haridwar is directed to provide protection to the life and limb of the petitioners, and the SSP is further directed to call the relatives of the 1st petitioner, and such other persons, who are inimically placed towards the wedding proposal of the petitioners, and counsel them, in accordance with law. 6) The writ petition stands ordered accordingly. 7) Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _______________ ASHISH NAITHANI, J. Dt: 9TH JANUARY, 2025 Negi HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf 116e73351fdaf6878326386908a7f90d5757 , postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.01.10 16:52:27 +05'30'