2025:UHC:620 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16th JANUARY, 2025 CRIMINAL WRIT PETITION NO.37 OF 2025 Smt. Taniya and Another ..…Petitioners Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioners : Mr. Prem Kaushal, Advocate. Counsel for the Respondent: Mr. Rakesh Kumar Joshi, Nos. 1 & 2 Brief Holder. Hon’ble Alok Kumar Verma,J. The present petition under Article 226 of the Constitution of India has been filed with the following prayers :- “(I) Issue a writ order or direction in the nature of mandamus directing the respondents No. 1 & 2 to provide proper protection to the petitioners from respondent No. 3 and 4, so that they may live peaceful life. (II) Issue a suitable writ, order or direction which this Honb'le Court may deem fit and proper in the facts and circumstances of the present case. (III) Award the cost of the petition to the petitioners.” 2025:UHC:620 2 2. The case of the petitioners is that they belong to the same faith. They are major. The petitioner no.1 is aged about 20 years and the petitioner no.2 is aged about 22 years. They solemnized their marriage on 09.01.2025. Their marriage has been registered before the Registrar, Compulsory Registration of Marriages, Laksar, District Haridwar on 10.01.2025. The private respondents, who are maternal uncles of the petitioner no.1 (Mama), are not satisfied with their marriage. Therefore, their marriage is being opposed by them. 3. Heard Mr. Prem Kaushal, learned counsel for the petitioners and Mr. Rakesh Kumar Joshi, learned Brief Holder for the respondent nos. 1 & 2. 4. The petitioners are present in-person before this Court. They are identified by Mr. Prem Kaushal, Advocate. The Court has an opportunity to interact with the petitioners. 5. The petitioner no.1 has apprised this Court that she has married to the petitioner no.2 on her own free will and without any pressure. The petitioners have apprised that they have threat perception at the hands of the private respondents. They also apprised that the petitioner no.1 submitted a representation 2025:UHC:620 3 dated 13.01.2025 to the Station House Officer, Police Station Pathri, District Haridwar seeking adequate safety and security for the petitioners, but no action has been taken by the police. 6. Needless to say, it is the fundamental rights of the two adults to marry each other. As per the high school marksheet and aadhar card of the petitioners, annexed with this writ petition, they are major. They are free to marry anyone they like. Merely because the private respondents are dissatisfied with their marriage, it does not permit them to take the law on their own hands. 7. Having regard to the facts and circumstances of the case, the Criminal Writ Petition (WPCRL No. 37 of 2025) is allowed by passing the following orders :- (i) The private respondents are restrained from interfering in the marital life of the petitioners. (ii) In case any illegal interference is caused by the private respondents in the peaceful marital life of the petitioners, the petitioners shall approach the Senior Superintendent of Police, Haridwar with a certified copy of this order, who shall provide them immediate 2025:UHC:620 4 protection. 8. Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per rules. ___________________ ALOK KUMAR VERMA, J. Vacation Judge Date: 16.01.2025 Shiv/ SHIV PRASAD Digitally signed by SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8b0b97f5b 563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE74454B24E E89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2025.01.16 19:06:23 +05'30'