High CourtsDivision Bench(2011) 03 UK CK 0065

Smt. Rubina and Sameer vs State of Uttarakhand and Shamim

Uttarakhand High Court · Decided on 17 March 2011

HON’BLE JUDGES
V.K. Bist, J · Prafulla C. Pant, J
CASE NUMBER
Criminal Writ Petition No. 188 of 2011 with Interim Relief Application No. 1952 of 2011

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Judgment

8 paragraphs · 247 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 seeking protection of their life and liberty.

3.

Learned Counsel for the Petitioners submitted that the Petitioners are major. They got married to each other against the wishes of Respondent No. 4 Shamim (father of the Petitioner No. 1). In support of age of Petitioner No. 1 voters I Card is filed, and relating to that Petitionerno.2, copy of Driving License is attached. Copy of Nikahnama is also filed as Annexure-3 to the petition. The parties (Petitioners) are present in court identified by their counsel. They stated before this Court that they are married to each other.

4.

Admit the petition.

5.

Learned Counsel for the Respondent No. 1, 2 & 3 prays for and is allowed six weeks time to file the counter affidavit.

6.

Issue notices to Respondent No. 4 Shamim, who may also file his counter affidavit within a period of six weeks.

7.

In view of principle of law laid down in Lata Singh Vs. State of U.P. and Another, and considering the facts and circumstances of the case, as an interim measure, it is directed that on moving application by the Petitioners to Respondent No. 3, Station House Officer, necessary police protection shall be provided to the Petitioners. (Interim Relief Application No. 1952 of 2011 stands disposed of).

8.

List after six weeks.