High CourtsDivision Bench(2011) 04 UK CK 0017

Smt Rajveer Kaur and Kulvinder Singh vs State of Uttarakhand and Nirwel Singh

Uttarakhand High Court · Decided on 28 April 2011

HON’BLE JUDGES
Servesh Kumar Gupta, J · Prafulla C. Pant, J
CASE NUMBER
Criminal Writ Petition No. 302 of 2011 and Interim Relief Application No. 4113 of 2011

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Judgment

8 paragraphs · 255 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioners have sought writ in the nature of mandamus directing the Respondent No. 1 and 2, to provide the protection to the Petitioners.

3.

It is argued on behalf of the Petitioners, that Petitioners Rajveer Kaur and Kulvinder Singh are major. It is further pleaded that they got married to each other on 02.12.2010, against the wishes of Respondent No. 3 Nirwel Singh (father of Petitioner No. 1). In support of the age copy of Mark sheet of High School of Petitioner no2, ration card and voters I Card of the Petitioner No. 1, are filed with the petition. Copy of certificate of marriage is Annexed as Annexure 1 to the petition.

4.

Admit the petition.

5.

Learned Counsel for the Respondent Nos. 1 and 2 prays for and is allowed four weeks time to file the counter affidavit.

6.

Issue notices to Respondent No. 3 Nirwel Singh , who may also file his counter affidavit within a period of four weeks.

7.

In view of principle of law laid down in Lata Singh Vs. State of U.P. and Another, , in the present facts and circumstances of the case, as an interim measure, it is directed that on making application by the Petitioners before Respondent No. 2 Station House Officer, Police Station Sitarganj, necessary protection shall be provided them. (Interim Relief Application No. 4113 of 2011 stands disposed of).

8.

List after four weeks.