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2026 DAILYLAW 5129 (UTT)

SHIVANI v. STATE OF UTTARAKHAND

WPCRL/103/2026 · 2026-01-09

Manoj Kumar Tiwari, Subhash Upadhyay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:424-DB arNo Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 09.01.2026 WPCRL No.103 of 2026 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay , J. ( Per : Hon ’ble Man oj Ku m ar Tiw ar i, J.) Mr. Sachin Kumar Sharma, learned counsel for the petitioners. 2. Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Petitioners have approached this Court for protection. According to them, they are employed in a private company known as Creative Plasto Company at SIDCUL, Haridwar and they developed liking towards each other which resulted into their marriage. 4. Petitioners apprehend that because of their marriage against wish of parents and family members of petitioner no.1, they could be harmed. It is alleged that private respondents, who are family members of petitioner no.1, are extending threats to both petitioners. 5. As per documents enclosed with writ petition, both petitioners are major and they belong to same faith and same community. Both are permanent residents of District Saharanpur and for employment reasons they are presently residing at SIDCUL. 6. Both petitioners appeared before us. Petitioner no.1 stated that she is possessing Degree in Physics, Mathematics and Geology (PMG) while petitioner no.2 stated that he has studied upto intermediate. 7. Learned State Counsel submits that since 2026:UHC:424-DB both petitioners are already married and they have decided to live together as husband and wife, therefore, they are entitled to protection. 8. Since both petitioners are major and they are living together with their own free will, therefore, in view of 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 petitioners. 9. Accordingly, the writ petition is disposed of directing Station House Officer, Police Station Bahadrabad, District Haridwar to provide protection to petitioners for a period of 6 weeks to ensure that no harm is caused to them by private respondents or any other person acting at their behest. Upon expiry of 6 weeks, the SHO concerned shall make fresh assessment of threat perception of petitioners and take such steps, as are felt necessary. 10. Let a certified copy of this order be issued today itself. ( Su bh ash Upadh y ay , J.) ( Man oj Ku m ar Tiw ar i, J.) 09.01.2026 SS