Shivani Chandra and Another vs State Of Uttarakhand and Others

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 for the petitioners would submit that petitioner nos.1 and 2 were in a relationship and have solemnized their marriage in accordance with Hindu rites and rituals. It is further submitted that respondent no.4, who is the father of petitioner no.1, respondent nos.5 and 6, who are the uncles of petitioner no.1, and respondent nos.7 and 8, who are the brothers of petitioner no.1, are opposed to the said marriage and have been extending threats to the petitioners. On account of such opposition, the

petitioners apprehend danger to their life and personal liberty at the hands of the respondent no.3 and have, therefore, 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 between the petitioners was solemnized on 17.08.2026. The petitioners undertake to apply for registration of their marriage in accordance with the provisions of the Uniform Civil Code, Uttarakhand, and the rules framed thereunder.

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 Bazpur, District Udham Singh Nagar, 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.