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Judgment
Hon'ble Alok Mahra, J. (Oral)
The petitioners have approached this Court seeking protection so that they may lead a peaceful life.
An objection has been raised by the Registry to the effect that the petitioners have not disclosed their respective earlier marital status in the writ petition.
Learned counsel appearing for the petitioners would submit that neither of the petitioners was married previously and that the marriage between them is their first marriage.
In view of the aforesaid submission made by learned counsel for the petitioners, the defect/objection raised by the Registry regarding non-disclosure of the earlier marital status of the petitioners is hereby overlooked.
Learned counsel for the petitioners would submit that petitioner no.1 and petitioner no.2 were in a relationship and have solemnized their marriage (Nikah) on 27.07.2026 in accordance with Muslim rites and rituals. It is further submitted that the petitioners have already applied for registration of their marriage under the provisions of the Uniform Civil Code. Learned counsel would further submit that respondent no.3, the father of petitioner no.2, respondent nos.4 and 5, who are her uncles, and respondent no.6, who is her paternal aunt (Bua), are opposed to the marriage of the petitioners and have been extending threats to them. Owing to such opposition, the petitioners have a genuine and reasonable apprehension of danger to their life and personal liberty at the hands of respondent nos.3 to 6.
It is further submitted that the private respondents have also allegedly manhandled the father of petitioner no.1, who is suffering from paralysis, and have threatened the petitioners with dire consequences, including threats to kill them whenever they are found. In these circumstances, apprehending an imminent threat to their life and personal liberty, the petitioners have approached this Court seeking appropriate protection.
It is further submitted that both the petitioners have attained the age of majority. According to the documents placed on record, both the petitioners are major.
Both the petitioners are present before this Court and have been duly identified by their learned counsel. They state that they have voluntarily solemnized their marriage of their own free will, without any force, coercion or undue influence. It is further submitted that the marriage/Nikah between the petitioners was solemnized on 27.07.2026 and they have already applied for registration of their marriage in accordance with the provisions of the Uniform Civil Code, Uttarakhand.
Be that as it may, the petitioners claim to have attained the age of majority and have placed documentary proof of their age on record. They further assert that they have entered into the marriage voluntarily and are presently residing together as husband and wife. 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. and Another, (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 law.
Accordingly, without expressing any opinion on the validity of the marriage or the inter se rights of the parties, the Station House Officer, Police Station Vikas Nagar, District Dehradun, is directed to examine the representation of the petitioners and assess the threat perception, if any, to their life and personal 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 also 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 marriage.
With the aforesaid observations and directions, the writ petition stands disposed of.
Pending applications, if any, shall also stand disposed of.