Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1806-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND THE HON’BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (CRIMINAL) NO. 207 OF 2025
17TH MARCH, 2025
Between:
Yamini Saifi & another
…… Petitioners
and
State of Uttarakhand & others
…… Respondents
Counsel for the petitioners : Ms. Suraiya Naaz, learned counsel
Counsel for the respondents : Mr. Rakesh Kumar Joshi, learned Brief Holder for State of Uttarakhand / respondent Nos. 1 to 4
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 different religions and despite the religious differences the petitioners developed a liking for each other, and intend to marry each other in near future, and now both the petitioners are living together. Since the family
2025:UHC:1806-DB 2 members of the first petitioner, are against this marriage, they are giving out threats to kill both 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 also submitted by the learned Brief Holder for the State that the first petitioner has also sent the application to the District Magistrate, Udham Singh Nagar for the conversion of her religion to the religious faith Hindu faith, which fact is also evident from the conversion application form dated 10.03.2025 enclosed as Annexure-4 to the petition. It is further submitted by the learned Brief Holder for the State that the first petitioner was married earlier, but got divorced from her ex-husband according to Shariah Law, who solemnized Nikah with some other women thereafter. It is further submitted that the second petitioner is an unmarried person. 4)
In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lata Singh Vs State of U.P. and another, (2006) 5 SCC 475,
2025:UHC:1806-DB 3 the petitioners have made out a case for grant of protection.
5)
The Station House Officer, Police Station Bazpur, District Udham Singh Nagar 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.
____________ ALOK MAHRA, J.
Dt: 17th MARCH, 2025 Negi