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2025 DAILYLAW 7777 (UTT)

NADEEM AND ANR v. STATE OF UTTARAKHAND

WPCRL/614/2025 · 2025-06-13

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No. 614 of 2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. 1. Ms. Abhilasha Tomar, learned counsel for the petitioners. 2. Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand. 3. Registry has pointed out a defect that ‘marital status’ of the petitioners has not been mentioned in the writ petition. 4. Learned counsel for the petitioner undertakes to file supplementary affidavit, indicating therein the marital status of the petitioners before 11.06.2025, during the course of the day. 5. Petitioners have approached this Court for protection. According to them, they both are resident of the same village, thus, they were known to each other for quite some time which gradually developed into love and now they have married. A Nikahnama has been enclosed with the writ petition as Annexure 2, to establish the factum of marriage. The date of Nikahnama is 11.06.2025. 6. Both petitioners are personally present before the Court who are duly identified by their learned counsel Ms. Abhilasha Tomar. We have also interacted with them. 7. Petitioner No. 1 stated that he has studied upto 5th Standard and he is employed in a shop dealing with Steel Furniture at Haider Beg in Jammu & Kashmir. Petitioner No. 2 stated that she has studied upto 10th Standard, but she is not employed anywhere. 8. 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. 9. 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. 10. 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. 11. Let a certified copy of this order be supplied to learned counsel for the petitioners, today itself, as per rules. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 13.06.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531 726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.06.13 03:58:35 -07'00'