Mohd. Yaseen and Another vs State of Uttarakhand and Others

Prafulla C. Pant, J.—Heard.

By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought a writ in the nature of Mandamus commanding the respondents to protect lives and liberty of the petitioners. It is also prayed that no interference be made in the peaceful married life of the petitioners.

Learned Counsel for the petitioners submitted that the petitioners, namely, Mohd. Yaseen and Smt. Mehshar Jahan are major. They got married to each other against the wishes of respondent No. 3 (father of petitioner No. 2). Copy of NIKAHNAMA has been filed as Annexure-1 to the petition. In support of age of girl Annexure-2 is the copy of the Voters List. Learned Counsel for the petitioners contended that the petitioners apprehend danger to their lives and liberty as respondent No. 3 did not agree for the marriage of petitioner No. 2 with petitioner No. 1.

Admit the petition.

Learned Counsel for respondents No. 1 and 2 prays for and is allowed six weeks'' time to file counter affidavit.

Issue notice to respondent No. 3 Shamshad Ali, who may also file his counter affidavit within a period of six weeks.

In view of the principle of law laid down in Lata Singh Vs. State of U.P. and Another, , as an interim measure, it is directed that on petitioners'' making application to Station House Officer, Shyampur, District Haridwar, necessary protection shall be provided to them, provided petitioners make themselves available for interrogation / medical examination, if required, in connection with any First Information Report lodged at the Police Station. Interim Relief Application No. 4835 of 2011 stands disposed of.

List after six weeks.