Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9684-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND THE HON’BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (CRIMINAL) NO. 1377 OF 2025
3RD NOVEMBER, 2025
Mansi and another
…… Petitioners
Versus
State of Uttarakhand & others
…… Respondents
Counsel for the petitioners : Mr. Digvijay Singh BIsht, learned counsel
Counsel for the respondents : Mr. Rakesh Kumar Joshi, learned Brief Holder 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, and learned Brief Holder for the State of Uttarakhand. 2)
It is submitted that both the petitioners belong to the same religion and that they developed a liking for each other, which has culminated into marriage, and now both the petitioners are living together. Since the family members and other relatives of the first petitioner are against this marriage, they are giving out threats to kill both 1
2025:UHC:9684-DB the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family members and other relatives of the first petitioner, and hence they are before this Court praying for protection. 3)
The documents on record reveal that both the petitioners are majors, and it is submitted by the counsel for the petitioners that the parties have solemnized marriage on 13.10.2025, as per Hindu rites and rituals at Shiv Mandir situated within Court campus, Roshnabad, Haridwar. Copies of marriage photographs as well as certificate of marriage issued by the priest are annexed as Annexure-3 to the petition. It is further submitted that the parties have applied for registration of their marriage under the Uniform Civil Code, Uttarakhand, 2024 before the Block Development Officer, and when the said Government Officer proceeded for verification, the family members of first petitioner got annoyed and assaulted her. They also forcible moved an application for cancellation of said registration of marriage. It is stated that thereafter the first petitioner somehow managed to flee from her matrimonial house and joined the company of the second petitioner.
4)
In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lata 2
2025:UHC:9684-DB Singh Vs State of U.P. and another, (2006) 5 SCC 475, the petitioners have made out a case for grant of protection. 5)
The Station House Officer, Police Station Bhagwanpur, District Haridwar is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondents, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law. 6)
The writ petition stands ordered accordingly. 7)
As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. ________________
G. NARENDAR, C.J.
_________________ SUBHASH UPADHYAY, J.
Dt: 3RD NOVEMBER, 2025 Negi
3 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: 2025.11.11 16:21:57 +05'30'