2025:UHC:622 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16th JANUARY, 2025 CRIMINAL WRIT PETITION NO.39 OF 2025 Mrs. Minakshi and Another ..…Petitioners Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioners : Mr. Gaurav Pawar, Advocate. Counsel for the Respondent: Mr. Rakesh Kumar Joshi, Nos. 1, 2 & 3 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 writ, order or direction in the nature of mandamus commanding the respondent No.2 & 3 to ensure protection of life and liberty of both the petitioners from respondent no.4 and other family members. (II) Pass such further orders or directions as this Hon'ble court deem fit and proper in the facts and circumstances the present case. (III) Award the cost of the petition.” 2. The case of the petitioners is that they belong to the same faith. They are major. The 2025:UHC:622 2 petitioner no.1 is aged about 19 years and the petitioner no.2 is aged about 23 years. They solemnized their marriage on 18.11.2024. Their marriage has been registered before the Registrar, Compulsory Registration of Marriages, Roorkee-I, District Haridwar on 21.12.2024. The private respondent no.4, who is the father of the petitioner no.1, is not satisfied with their marriage. Therefore, their marriage is being opposed by him. 3. Heard Mr. Gaurav Pawar, learned counsel for the petitioners and Mr. Rakesh Kumar Joshi, learned Brief Holder for the respondent nos. 1, 2 and 3. 4. The petitioners are present in-person before this Court. They are identified by Mr. Gaurav Pawar, 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 respondent. They also apprised that the petitioner no.1 submitted a representation dated 15.01.2025 to the Senior Superintendent of Police, Haridwar seeking adequate safety and security 2025:UHC:622 3 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 respondent is dissatisfied with their marriage, it does not permit him to take the law on his own hands. 7. Having regard to the facts and circumstances of the case, the Criminal Writ Petition (WPCRL No. 39 of 2025) is allowed by passing the following orders :- (i) The private respondent is restrained from interfering in the marital life of the petitioners. (ii) In case any illegal interference is caused by the private respondent 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 protection. 8. Urgent copy of this order be supplied to the 2025:UHC:622 4 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=acdf10a01e98b19449a7dc3beb4e294826f1 88e8b0b97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F 2DE74454B24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2025.01.16 18:50:05 +05'30'