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2026 DAILYLAW 1635 (UTT)

NISHA v. STATE OF UTTARAKHAND

WPCRL/560/2026 · 2026-03-31

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:2253 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/560/2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Sanjeev Singh, learned counsel for the petitioners. 2. Mr. Sandeep Sharma, learned AGA with Ms. Rangoli Purohit, learned Brief Holder for the State. 3. By the instant petition, petitioner no. 1 - Nisha, D/o Mohar Singh and petitioner no. 2 - Amit Kumar, S/o Rajpal Singh, are praying for the following relief: “Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to ensure the protection of life and personal liberty of the petitioners, and to provide them adequate safety and security as and when required, from any threat, harassment or harm at the hands of respondent no. 3 and other members of the family of the petitioner no. 1, who are attempting to endanger the lives of the petitioners under the guise of so called societal order” 4. It is argued by learned counsel for the petitioners that both the petitioners are major, according to their date of birth, as recorded in their Adhar Card and High School Marksheet. As per Adhar Card, date of birth of petitioner no. 1 is 10.01.2004 and date of birth of petitioner no. 2 is 26.11.2001. 5. It is also submitted by the learned counsel for the petitioners that both the petitioners are in love and married with each other without any compulsion on 18.03.2026 at Shiv Mandir, Kutchery Campus, Roshnabad, Haridwar. Their marriage got registered on 19.03.2026. Copy of marriage certificate is placed before this Court, which is taken on record. He further submits that there is regular threat from father of the petitioner no. 1, the respondent no. 3, who was against their marriage and since they belongs to different castes though residents of same village. In this regard, they made a representation to the SSP, Haridwar on 21.03.2026. 6. Admittedly, both the petitioners are major according to their date of birth and both of them married with each other without any coercion and their marriage is also registered, therefore, in such an 2026:UHC:2253 eventuality, the State is under legal obligation to assess their threat perception from the respondent no. 3 and take appropriate steps. 7. Accordingly, the instant writ petition is disposed of finally with the direction to the SSP concerned make an assessment of the threat perception and if he comes to the conclusion that there is any threat from respondent no. 3 take appropriate steps. In addition to this, SHO, Police Station – Khanpur, Laksar is also directed to call upon respondent no. 3 and advise him not to take law in his hand. 8. No order as to costs. (Rakesh Thapliyal, J.) 31.03.2026 SKS 2026:UHC:2253