2025:UHC:4561-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (CRL) NO. 563 OF 2025 05TH JUNE, 2025 Prabha Mehara & another …..Petitioners. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioners : Mr. Basant Singh, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate with Mr. R.K. Joshi, learned Brief Holder. The Court made the following: JUDGMENT:(per Hon’ble The Chief Justice Sri G. Narendar) Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of Uttarakhand. 2. The facts, in brief, are that the petitioners are in a live-in-relationship and the said live-in-relationship is being opposed by the private respondents, which include the family members and a neighbour. The first petitioner was already married with one Kuldeep Singh in the year 2015 and out of the marriage, has two children, namely, Harmandeep Singh, aged 10 years and Amrit Singh, aged 07 years; that in the course of marriage, misunderstandings crept in and leading to physical assault etc.; that the husband is taking advantage of the poor financial condition of petitioner no.1 and her parents 2025:UHC:4561-DB and was ill-treating her; that petitioner no.2 was married and was living separately and the second petitioner, who used to visit the house of petitioner no.1 to give tuitions, developed a strong acquaintance and went out of the way to extend financial help. The wife of petitioner no.2 coming to know about the same and picked up a fight resulting in the relationship souring and ultimately the wife of petitioner no.2 left him along with the child; that presently, petitioner no.2 is working in a school at Kichha, Udham Singh Nagar, and on account of the supervening circumstances, petitioner no.1 has applied for divorce and on account of the threat to life and limb of petitioner no.1, she has moved out of the matrimonial house and is now living with petitioner no.2; that the petitioners are live-in couple, and; that there is serious apprehension of violence being inflicted on the petitioners by the relatives and friends of the husband of petitioner no.1. 3. In that view, they are before this Court praying for protection. The fact remains that parties are married. It is not in dispute that under the Uniform Civil Code, there is no bar against the married spouse getting involved in a live-in- relationship. The pleadings disclose that the father-in-law of petitioner no.1 is undergoing incarceration in a murder case. 2025:UHC:4561-DB 4. Keeping in view the above circumstances and in the light of the law laid down by the Hon’ble Supreme Court in the case of Lata Singh v. State of U.P. and another, (2006) 5 SCC 475, the petitioners have made out a case for grant of protection. 5. Accordingly, the writ petition is allowed in-part. The Station House Officer, Police Station Rudrapur, 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, so long they are residing within his jurisdiction. 6. The Writ Petition stands ordered accordingly. 7. Pending application, if any, also stands disposed of. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 05th June, 2025 NISHANT NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd6 3133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185 F7C9C20892BC63A055CFD1961690560487E67 0C, cn=NISHANT KUMAR Date: 2025.06.09 10:39:32 +05'30'