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2025 DAILYLAW 15677 (UTT)

AASHNA KUMARI v. STATE OF UTTARAKHAND

WPCRL/1763/2025 · 2025-12-23

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:11504-DB SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PCRL/ 1 7 6 3 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay , J. 1. Mr. C.S. Dalakoti, Advocate holding brief of Mr. R.S. Rawat, learned counsel for the petitioners. 2. Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand. 3. Petitioners have approached this Court for protection. According to them, they are in love and they have decided to live together, as husband and wife, but because petitioner no. 2 is not of marriageable age and is short by three months, therefore, they are in a live-in- relationship, however, the family members of petitioner no. 1 are unhappy and they are extending threat to both of them. It is contended that there is grave threat to life and liberty of the petitioners. As per documents enclosed with the writ petition, both the petitioners are major but date of birth of petitioner no. 2 is 20.03.2025, thus he is less than 21 years of age, which is a marriageable age. Petitioners belongs to same faith and same caste. 4. Both petitioners are personally present before the Court who are duly identified by their learned counsel Mr. C.S. Dalakoti. We have also interacted with them. 5. Petitioner no. 2 stated that he has studied upto High School and he is employed as a painter at Haridwar. 2025:UHC:11504-DB Petitioner no. 2 stated that she is pursuing BA Course from a college at Haridwar. 6. Learned State Counsel submits that as per the enclosed documents, both the petitioners appear to be major and now they have decided to live together as husband and wife. 7. Since both the petitioners are major and they are living together with their own free will, hence in view of the law laid down by Hon’ble Apex Court in the case of Lata Singh Vs. State of U.P. and Another; 2006 (5) SCC 475, we are inclined to grant protection to the petitioners. 8. Accordingly, the present writ petition is disposed of with direction to the concerned Station House Officer to provide protection to the petitioners for a period of six weeks and ensure that no harm is caused to them during this period. Upon expiry of six weeks, concerned SHO shall make assessment of threat perception to the petitioners, and provide protection to them, if needed, for such further period, as is felt necessary. 9. Let a certified copy of this order be supplied to learned counsel for the petitioners, today itself, as per rules. ( Su b h ash Up ad h y ay , J.) ( Man oj Ku m ar Tiw ar i, J.) 23.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.23 04:37:57 -08'00' 2025:UHC:11504-DB