WPCRL/1396/2025 of TIJENDER KAUR Vs STATE OF UTTARAKHAND on 10 November 2025

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No. 1396 of 2025 Tijender Kaur and Another

….....Petitioners

Versus

State of Uttarakhand & others

….….Respondents

Present:- Mr. Tushar Chauhan and Ms. Aananya Jain, Advocates for the petitioners. Mr. Rakesh Joshi, Brief Holder for the State.

Coram:

Hon’ble Ravindra Maithani, J.

Hon’ble Alok Mahra, J.

Hon’ble Ravindra Maithani, J. (Oral)

The petitioners seek police protection on the ground that they are married, but they are being harassed and threatened by the private respondents.

2. Heard learned counsel for the petitioners and perused the record.

3. It is the case of the petitioners that both the petitioners are major; they fell in love and married on 29.10.2025. But, the parents and other relatives of the petitioner no.1 are not happy with the marriage; they are threatening the petitioners for dire consequences.

4. Both the petitioners are present in person before the Court, as identified by their counsel. They said that they are major; they solemnized their marriage on 29.10.2025 and they are living together.

5. Learned counsel for the petitioners would submit that, in fact, last week when the petitioners had appeared before the Court, the family members of the petitioner no.1 had also visited

2 Nainital and they were extending threat to the petitioners, therefore, they also seek protection till the petitioners reach their house.

6. In the case of Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475, Hon'ble Supreme Court directed as hereunder:- “17. ...................We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

7. This Court reminds Senior Superintendent of Police, District Haridwar as well as the SHO, Mallital, District Naintal, the mandate of law, as laid down by the Hon'ble Supreme Court in the case of Lata Singh (supra), who shall ensure the compliance thereof. The SHO Mallital, District Nainital is directed to ensure that protection, if any required, is provided to the petitioners till they reach their home in District Haridwar.

8. With the above observation, the instant writ petition stands disposed of.

9. Let a copy of this order be immediately forwarded to the Senior Superintendent of Police, District Haridwar as well as SHO, Mallital, District Nainital, for necessary compliance and a certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges.

(Alok Mahra, J.) (Ravindra Maithani, J.)

10.11.2025 SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df 4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450 A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.11.10 18:29:01 +05'30'