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High CourtsDivision Bench(2023) 02 UK CK 0073

Taniya Hussain And Another vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 20 February 2023

HON’BLE JUDGES
Vipin Sanghi, CJ · Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (CRL) No. 299 Of 2023

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Judgment

10 paragraphs · 370 words

Manoj K. Tiwari, J

1.

In this petition, the petitioners have prayed for the following reliefs :-

“i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1 and 2 to provide adequate security to the rights of life and personal liberty with dignity as guaranteed to them by the Constitution of India under Article 21, being a threat perception of life and liberty as against respondent no. 3.”

2.

Petitioners are present, in person, before us. Petitioner no. 1 (girl) states in clear terms that she has married petitioner no. 2 out of her own sweet will and volition, without any threat or coercion from any person or institution.

3.

In the present case, both the petitioners belong to the same faith and are major. Both the petitioners were in love and they wanted to marry each other. So they have solemnized their marriage on 13.02.2023 as per Muslim customs (Copy of the Nikahnama is annexed as Annexure No. 2 to the writ petition).

4.

In that view of the matter, we hereby dispose of the Writ Petition by directing the petitioners to make a representation to the Senior Superintendent of Police, District Udham Singh Nagar-respondent no. 1 within a period of 03 days from today.

5.

In case, the representation is filed, the Senior Superintendent of Police, District Udham Singh Nagar shall take a decision on the representation of the petitioners within 30 days from the date of the representation. The Senior Superintendent of Police, District Udham Singh Nagar, shall take information and intelligence from the concerned SHO during the course of action, whether further police protection is required or not. In the interregnum, the SHO, Police Station Sitarganj, District Udham Singh Nagar-respondent no. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

6.

Consequently, pending applications, if any, also stand disposed of.

7.

Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

8.

A certified copy of this order be provided to the learned counsel for the petitioners by the end of the day.