2025:UHC:4731-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 10th JUNE, 2025 WRIT PETITION (CRL) NO. 588 OF 2025 Geeta .......Petitioner. Versus State of Uttarakhand & others …..Respondents Counsel for the Petitioner : Mr. Divya Prakash Mittal, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the petitioner and learned Government Advocate. 2. The case of the petitioner is that she is a major; that the private respondents, including her parents, are forcing her to get married to a person, by name Mr. Suresh Kumar, against her wishes; that the said Suresh Kumar is already a married person and has also much senior to her in age; that despite her objections, the private respondents are coercing her and forcing her to marry the said Suresh Kumar; that having no option, she has now left her house and is living with the in-laws of her elder sister, and; in that view, she seeks for an order of protection to protect her from any threat or harm from the private respondents, who are mighty upset with her refusal to marry the groom of their choice. 1 2025:UHC:4731-DB 3. The concept of marriage is not the willingness or the liking or the consent of the family members, but what is crucial is the consent of the parties, who agree to enter into wedlock. Decision to marry ought to be the voluntary decision of the parties concerned and such consent should not be the result of coercion or undue influence. The decision to get married is a decision which impacts the person for his or her lifetime. 4. In that view of the matter, we are of the opinion that the petitioner has made out a case for grant of partial relief. 5. Accordingly, the writ petition is allowed in-part. Respondent no.2 is directed to ensure the protection to the petitioner and there shall be a further direction to respondent no.2 to call the private respondents and counsel them against imposition of their wish on the petitioner, who has just attained majority and who is yet to leave her teens. In the event, private respondents do not abide by counseling or attempt to take up law into their hands, respondent no.2 shall act in alacrity an ensure that the law is set in motion against perpetrators of any crime or persons attempting to perpetuate any crime. 2 2025:UHC:4731-DB 6. Writ petition stands ordered accordingly. 7. Registry is directed to forward a copy of this order to respondent no.2 forthwith. 8. There shall be no order as to costs. 9. Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 10th June, 2025 NISHANT 3 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462 b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD1 961690560487E670C, cn=NISHANT KUMAR Date: 2025.06.16 11:04:01 +05'30'