Radha Saini & 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 petitioners and perused the record.

Learned counsel appearing for the petitioners would submit that petitioner no.1 and petitioner no.2 were in a relationship and solemnized their marriage on 12.08.2026 in accordance with Hindu rites and rituals. He would further submit that the marriage of the petitioners was also registered under the provisions of the Uniform Civil Code Rules, Uttarakhand, 2025, on 20.08.2026. It is further submitted that respondent no.4, who is the father of petitioner no.1, and respondent nos.5 to 13, who are relatives of petitioner no.1, are opposed to the marriage solemnized between the petitioners and, on account thereof, have been extending threats to the petitioners. Consequently, the petitioners apprehend danger to their life and personal liberty at the hands of respondent nos.4 to 13 and, therefore, have approached this Court seeking appropriate protection from the concerned authorities.

It is further submitted that both the petitioners have attained the age of majority. From the documents placed on record, the petitioners are prima facie found to be major.

Both the petitioners are present before the Court and have been duly identified by their respective counsel. On being interacted with by the Court, both the petitioners state that they have solemnized their marriage voluntarily, of their own free will and consent, without any force, coercion, undue influence or threat from any quarter. They further state that they intend to live together peacefully as husband and wife. The petitioners state that their marriage was solemnized on 12.08.2026 in accordance with Hindu rites and rituals.

Be that as it may, the petitioners claim to have attained the age of majority. 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 Bhagwanpur, District Haridwar, 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.