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2026 DAILYLAW 1918 (UTT)

SAKSHI AND ANR v. STATE OF UTTARAKHAND

WPCRL/596/2026 · 2026-04-07

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:2469 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/596/2026 WPCRL/596/2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Faizan Ali, learned counsel for the petitioners. 2. Mr. Vijay Khanduri, learned Brief Holder for the State. 3. By the instant petition, petitioner no. 1 – Sakshi D/o Anup Kumar and petitioner no. 2 – Charan, are praying for the following relief: “i. Issue a writ, order or direction in the nature of Mandamus commanding the respondents no. 1 and 2 to provide adequate police protection to the petitioners as they are seriously apprehending harm to their life and liberty at the hands of respondent no. 3 and other family members.” 4. Petitioners are present in the Court. 5. It is argued by learned counsel for the petitioners that both the petitioners are major and they were in love and now, married on 13.03.2026 at Shiv Mandir, Court Parishar, Roshnabad, Haridwar and they have also registered their marriage in the office of Sub Registrar, Registration of Marriage, Haridwar under Rule 7 (1) (g) of the UCC Rules, Uttarakhand, 2025. In support of their age, they have enclosed their High School Certificate and as per High School Certificate, date of birth of petitioner no. 1 is 12.10.2007 and date of birth of petitioner no. 2 is 17.05.2004. 6. It is also submitted by the learned counsel for the petitioners that since both the petitioners belong to different castes, therefore, father of petitioner no. 1 was not in favour of their marriage and now, since both of them married with each other, there is threat perception from respondent no. 3 and in this regard, representation has was moved to the SSP, Haridwar. 7. Mr. Vijay Khanduri, learned Brief Holder for the State have not disputed that both the petitioners are major. 8. Admittedly, both of the petitioners are major and they have now married with each other without any compulsion and therefore, in such an eventuality, the State is under legal obligation to assess the threat perception and secure the life and liberty of the 2026:UHC:2469 petitioners. 9. In such view of the matter, the instant writ petition is disposed of finally with the direction to the SSP, Haridwar – respondent no. 1 to make an assessment of the threat perception and if he comes to the conclusion that there is any threat from respondent no. 3, he shall take appropriate steps. Simultaneously, SHO, Police Station – Pathari, District – Haridwar is also directed to call upon respondent no. 3 and advise him not to take law in his hand. 10. No order as to costs. (Rakesh Thapliyal, J.) 07.04.2026 SKS