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CDJ 2026 Utt HC 102
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| Court : High Court of Uttarakhand |
| Case No : Writ Petition Criminal No. 1934 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE ALOK MAHRA |
| Parties : Palak & Another Versus State Of Uttarakhand & Others |
| Appearing Advocates : For the Petitioners: S.C. Burman, learned counsel. For the Respondents: Akshay Latwal, Pramod Tiwari, learned A.G.A., Manoj Bhatt, learned Brief Holder. |
| Date of Judgment : 21-09-2026 |
| Head Note :- |
Comparative Citation:
2026 UHC 8481,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- None
2. Catch Words:
- Protection
- Life and Personal Liberty
- Threat
- Marriage
3. Summary:
The petitioners, a married Hindu couple, approached the Court seeking protection from threats made by the family members of petitioner No. 1. Both petitioners are adults and have voluntarily solemnized their marriage on 16‑09‑2026. They allege intimidation and fear for their life and liberty. Relying on the Supreme Court’s decision in *Lata Singh v. State of U.P.* the Court recognized their right to protection. The Court directed the Station House Officer, Laksar Police Station, to assess any real threat and, if found, to provide adequate protection. The Court also ordered that no private individual interfere with the petitioners. The writ petition is disposed of with these directions.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Oral)
1. The petitioners have approached this Court seeking protection so that they may lead a peaceful life.
2. Heard learned counsel for the petitioners and perused the record.
3. Learned counsel appearing for the petitioners would submit that petitioner no.1 and petitioner no.2 were in a relationship and have solemnized their marriage on 16.09.2026 in accordance with Hindu rites and rituals at a temple. He would further submit that respondent nos.4 to 8, who are the family members and other relatives of petitioner no.1, are opposed to the marriage solemnized between the petitioners and, on account thereof, have been extending threats to the petitioners. He would further submit that, in view of the opposition and threats, the petitioners apprehend danger to their life and personal liberty and, therefore, have approached this Court seeking appropriate protection from the concerned authorities.
4. It is further submitted that both the petitioners have attained the age of majority. From the documents placed on record, the petitioners are prima facie found to be major.
5. Both the petitioners are present before the Court and have been duly identified by their respective counsel. On being interacted with by the Court, both the petitioners state that they have solemnized their marriage voluntarily, of their own free will and consent, without any force, coercion, undue influence or threat from any quarter. They further state that they intend to live together peacefully as husband and wife. The petitioners state that their marriage was solemnized on 16.09.2026 in accordance with Hindu rites and rituals.
6. Be that as it may, the petitioners claim to have attained the age of majority. 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.
7. 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 Laksar, District Haridwar, 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.
8. With the aforesaid observations and directions, the writ petition stands disposed of.
9. Pending applications, if any, shall also stand disposed of.
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