Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI
09TH JANUARY, 2025
WRIT PETITION (CRL) No. 18 OF 2025
Nargis Ansari and another. …Petitioners Versus
State of Uttarakhand and others. …Respondents
Counsel for the petitioners. : Sri Pawan Sanwal, learned counsel. Counsel for respondent nos. 1 to
3. : Sri S.S. Chauhan, learned Deputy Advocate General with Mr. Girish Chandra Joshi, learned Assistant Government Advocate for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.)
Heard learned counsel for the petitioners Sri Pawan Sanwal, and the learned Deputy Advocate General for the State of Uttarakhand Sri S.S. Chauhan. 2. It is submitted that the first petitioner belongs to the minority community, and that the second petitioner belongs to the majority community, and that the petitioners developed a liking for each other, which has ended in a decision to get married. That now the relatives of the first petitioner are coercing her and giving out threats that the first petitioner should not marry the second petitioner. The father of the first petitioner was
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very annoyed, and even went to the extent of giving out threat to kill both of them. That, now both the petitioners have applied for registration of their marriage under the Special Marriage Act, 1954, and that they are facing stiff resistance, and they seriously apprehend threat to their lives and limbs from the family of the first petitioner and the villagers, 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 Deputy Advocate General for the State that the parties have applied to the Registrar of Marriage, under the Special Marriage Act, 1954, and are awaiting communication to formalize the marriage between them. 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 v. State of U.P. and another1, the petitioners have made out a case for grant of protection. 5.
The Station House Officer, Police Station Sahaspur, District Dehradun is directed to provide protection to the life and limb of the petitioners, and the SHO is further directed to call the relatives of the first
1 2006 (5) SCC 475
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petitioner, and such other persons, who are inimically placed towards the wedding proposal 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.
_________________ ASHISH NAITHANI, J.
Dt: 09th January, 2025 Rahul
Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c84874198 3ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1 AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.01.10 16:35:20 +05'30'