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2026 DAILYLAW 6591 (UTT)

RICHA v. STATE OF UTTARAKHAND

WPCRL/1057/2026 · 2026-06-09

Alok Mahra

body2026

Judgment text

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2026:UHC:4572 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No.1057 of 2026 Hon’ble Alok Mahra, J. Mr. Rahul Adhikari, Advocate for the petitioners. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. 2. Petitioners have approached this Court seeking the following reliefs: “i. Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent nos. 1, 2 and 3 to provide security and adequate protection to the petitioners and they may be directed to ensure that the respondent no.4 to 6 may not harass, threat and commit violation to the petitioners in any manner. ii. issue a writ, order or direction in the nature of mandamus commanding respondent no. 4 to 6 not to interfere in the personal life and liberty of the petitioners.” 3. It is submitted that both the petitioners profess the same faith. Petitioner no.1 is about 19 years of age, whereas petitioner no.2 is about 18 years and 5 months old. The petitioners are residing together in a live-in relationship for the last one month and intend to solemnize marriage in future as and when petitioner no.2 attains the legally permissible age for marriage. It is further stated that they propose to register their live-in relationship on the U.C.C. Portal in accordance with law. 4. Learned counsel for the petitioners submits that the family members and relatives of petitioner no.1 are opposed to her relationship with petitioner no.2, and, therefore, the petitioners apprehend threat to their life and personal liberty at the hands of the said relatives and other private 2026:UHC:4572 persons. 5. Learned State Counsel submits that the petitioners belong to the same religion and are presently residing together in a live- in relationship. The State is under a constitutional obligation to ensure that no harm is caused to them by private respondents or any other person. 6. Having considered the submissions of the parties, and in view of the law laid down by the Hon’ble Supreme Court in Lata Singh v. State of U.P. & Anr., reported in (2006) 5 SCC 475, this Court is of the opinion that the petitioners have made out a prima facie case for grant of protection of their life and liberty guaranteed under Article 21 of the Constitution of India. 7. The petitioners are directed to submit a statement of their live-in relationship under Section 381(1) of the Uttarakhand Uniform Civil Code, 2024, before the Registrar having jurisdiction over the area where they are residing, within a reasonable time. 8. The Station House Officer, Police Station Kotwali Bajpur, District Udham Singh Nagar, shall assess the threat perception, if any, to the life and limb of the petitioners. If any genuine threat is found, necessary protection shall be extended to them strictly in accordance with law. The S.H.O. shall also summon the private respondents and any other persons found to be hostile to the petitioners’ relationship and counsel them to maintain peace and act in accordance with law. 9. The writ petition stands disposed of accordingly. (Alok Mahra, J.) 09.06.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.06.09 15:51:33 +05'30'