Vanshika And Anr vs State Of Uttarakhand

recalled. Consequently, the writ petition is restored to its original number.

Learned counsel for the petitioners would submit that petitioner no.1 and petitioner no.2 are major and have been living together in a consensual live-in relationship for the last several years. He would further submit that their relationship has also been registered in accordance with the provisions of the Uniform Civil Code, Uttarakhand, and the Rules framed thereunder. Learned counsel submits that the petitioners are apprehending threat to their life and liberty from the private respondents, who are residents of the same village/locality where the petitioners are presently residing.

Learned counsel for the petitioners further submits that petitioner no.2 was earlier married; however, owing to matrimonial discord, his wife has been residing separately since November, 2024; that, a male child was born out of the said wedlock, who is presently residing with the petitioners and is being looked after and maintained by them with due care and affection.

Learned State Counsel, on instructions, submits that petitioner no.2 was earlier married and has two children and that, despite the subsistence of the earlier marriage, the petitioners are presently residing together in a consensual live-in relationship. It is also submitted that both the petitioners are major.

Learned counsel for the petitioners further submits that respondent nos. 4 to 8, being residents of the same vicinity, have been extending threats to the petitioners on account of their opposition to the relationship between the petitioners. It is, therefore, submitted that the petitioners have a genuine apprehension of danger to their life and personal liberty and have approached this Court seeking appropriate protection.

Heard learned counsel for the parties and perused the material available on record.

From the material placed on record, it appears that the petitioners are major and are residing together in a consensual live-in relationship, which they state has also been registered under the applicable provisions of the Uniform Civil Code, Uttarakhand. The petitioners have placed documentary material on record in support of their respective ages. At this stage, this Court is not called upon to adjudicate upon the validity of the relationship between the petitioners or upon any inter se civil or matrimonial rights of the parties.

The right to life and personal liberty guaranteed under Article 21 of the Constitution of India is available to every person, and no individual can be permitted to take the law into his or her own hands. The Hon’ble Supreme Court in Lata Singh v. State of U.P., (2006) 5 SCC 475, has recognized the right of a major individual to choose his or her partner and has directed that persons facing threats on account of such choice be afforded appropriate protection in accordance with law.

In view of the aforesaid legal position and the facts and circumstances of the present case, this Court is of the considered opinion that the apprehension expressed by the petitioners deserves to be examined by the competent police authority in accordance with law.

Accordingly, without expressing any opinion on the validity of the relationship between the petitioners or upon the inter se rights of the parties, the Station House Officer, Police Station Laksar, District Haridwar, is directed to consider and examine the representation submitted by the petitioners and assess the threat perception, if any, to their life and personal liberty.

In the event the competent police authority, upon such assessment, finds any real, credible or imminent threat to the life or liberty of the petitioners, appropriate protective measures shall be taken strictly in accordance with law. The police authorities shall further 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 consensual relationship.

It is, however, clarified that this order shall not be construed as conferring upon either of the petitioners any right, title or interest in respect of any property, nor shall it affect any matrimonial, civil or criminal proceedings or the statutory rights and remedies available to any person in accordance with law.

With the aforesaid observations and directions, the writ petition stands disposed of.

Pending application(s), if any, also stand disposed of.

MAMTA

RANI