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2025 DAILYLAW 7740 (UTT)

SHAHNAZ AND ANR v. STATE OF UTTARAKHAND

WPCRL/610/2025 · 2025-06-13

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:4916-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/610/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Ram Nivas Singh Rana, Advocate for the petitioners. 2. Mr. Rakesh Kumar Joshi, Brief Holder for the State of Uttarakhand. 3. Petitioners have approached this Court for protection. According to them, they were in love for last more than two years and now they are legally married. A nikahnama is enclosed as Annexure-2 to the writ petition, which is in Urdu. Translated copy thereof is also enclosed at page no. 18, which indicates that nikah was solemnised on 11.03.2025. As per the document enclosed with the writ petition, both the petitioners are major. 4. Petitioners appeared before us. Petitioner no. 1 stated that she studied only upto 3rd standard. Petitioner no. 2 stated that he studied upto 4th standard. Both of them stated that they don’t have any educational certificates in their possession. 5. Learned counsel for petitioners submits that both the petitioners belong to ‘Van Gujjar’ community and they are into the business of dairy farming. 6. Learned State Counsel submits that since both the petitioners appear to be major from the 2025:UHC:4916-DB documents enclosed with the writ petition, therefore, he has no objection, if the SHO concerned is directed to assess threat perception of petitioners and take necessary action, as per law. He further submits that as per the pleading made in the writ petition, there is no threat to petitioners from parents of petitioner no. 1 and the alleged threat is from some distant relatives of petitioner no. 1. 7. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to petitioners to approach the SHO, Shyampur, District Haridwar. If petitioners approach SHO concerned for protection, he shall assess their threat perception and take necessary steps as per law to ensure that no harm is caused to petitioners. The SHO concerned shall also summon the respondent no. 3 to 9 and counsel them not to take law into their own hands. 8. Let a certified copy of this order be issued today itself. (Subhash Upadhyay, .J.) (Manoj Kumar Tiwari, .J.) 13.06.2025 Navin 2025:UHC:4916-DB