Amandeep Singh & Anr. vs State Of Uttarakhand & Ors.

Hon'ble Alok Mahra, J. (Oral)

The petitioners have approached this Court seeking protection so that they may lead a peaceful life.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel appearing for the petitioners would submit that petitioner nos. 1 and 2 have been in a consensual relationship for the last about seven years and have decided to solemnize their marriage. It is submitted that both the petitioners are major and competent to take decisions regarding their personal lives. However, the parents and close relatives of petitioner no. 2 are opposed to their relationship and are not agreeable to the proposed marriage. It is further submitted that petitioner no. 2 is presently residing at the residence of petitioner no. 1 of her own free will and volition, without any force, coercion or undue influence. It is further alleged that respondent nos. 4 to 15, who are the father, brothers and other close relatives of petitioner no. 2, are opposed to the relationship between the petitioners and have been extending threats to them andoOn account of such threats, the petitioners apprehend danger to their life and personal liberty and have, therefore, approached this Court seeking appropriate protection from the concerned authorities.

Both the petitioners are present before the Court and have been duly identified by their learned counsel. Petitioner no. 2, on being specifically asked by the Court, states that she is residing with petitioner no. 1 voluntarily and of her own free will, without any force, coercion, threat or undue influence. She further states that she intends to solemnize marriage with petitioner no. 1. Learned counsel for the petitioners further submits that the petitioners have already submitted an application before the Sub-Divisional Magistrate, Dehradun, for solemnization/registration of their marriage under the provisions of the Special Marriage Act. It is, however, apprehended that, owing to the threats allegedly extended by respondent nos. 4 to 15, the petitioners are apprehensive of harm to their life and personal liberty.

Having considered the submissions and perused the record, it is undisputed that both petitioners are majors and competent to make choices concerning their personal lives. Petitioner No. 2, being a major, is entitled to choose her life partner, and such choice is protected under Article 21 of the Constitution of India. Her statement before this Court that she is residing with petitioner No. 1 voluntarily, without coercion or undue influence, further supports the same.

In the aforesaid circumstances, and having regard to the law laid down by the Hon’ble Supreme Court in Lata Singh v. State of U.P., (2006) 5 SCC 475, this Court is of the considered opinion that the petitioners are entitled to protection of their life and personal liberty in accordance with Article 21 of the Constitution of India.

Accordingly, without expressing any opinion on the inter se rights of the parties or the validity of the proposed marriage, the Station House Officer, Police Station Patel Nagar, District Dehradun, is directed to examine the representation of the petitioners and assess the threat perception, if any, to their life and liberty. In the event any real and imminent threat is found to exist, the concerned police authorities shall take appropriate measures to ensure adequate protection to the petitioners strictly in accordance with law. The Station House Officer shall further ensure that no person, including the private respondents or any other individual, takes the law into his or her own hands or causes any unlawful interference, intimidation, harassment or coercion to the petitioners on account of their relationship.

With the aforesaid observations and directions, the writ petition stands disposed of.

Pending applications, if any, shall also stand disposed of.