2025:UHC:621 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16th JANUARY, 2025 CRIMINAL WRIT PETITION NO.38 OF 2025 Smt. Palak Saini and Another ..…Petitioners Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioners : Mr. Alok Kumar, 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) a Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 1 to3 to provide the adequate security of the life and personal liberty to the petitioners from the private respondent nos. 4 to 15. (II) Issue a writ, order or direction in the nature of Mandamus directing the private respondent nos. 4 to 15 not to extend the life threat to the petitioners and further not to interfere in the day-to-day affairs of the petitioners. 2025:UHC:621 2 (III) Issue any other writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of this case. (IV) Award the cost of writ petition to the petitioners.” 2. The case of the petitioners is that they are major. The petitioner no.1 is aged about 18 years and the petitioner no.2 is aged about 32 years. They solemnized their marriage on 06.01.2025. Their marriage has been registered before the Marriage Registration Officer Ghaziabad, Uttar Pradesh on 07.01.2025. The private respondents, who are the father of the petitioner no.1 and his family members/ relatives, are not satisfied with their marriage. Therefore, their marriage is being opposed by them. 3. Heard Mr. Alok Kumar, learned counsel for the petitioners and Mr. Rakesh Kumar Joshi, learned Brief Holder for the respondent nos. 1 2 & 3. 4. The petitioners are present in-person before this Court. They are identified by Mr. Alok Kumar, 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 2025:UHC:621 3 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 dated 14.01.2025 to the Senior Superintendent of Police, 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, the date of birth of the petitioner no.1 is 01.01.2007 and the date of birth of the petitioner no.2 is 01.08.1992. 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. 38 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 2025:UHC:621 4 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 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=acdf10a01e98b19449a7dc3beb4e294826f188e 8b0b97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE 74454B24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2025.01.16 19:07:01 +05'30'