Mariyam and Anr v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON'BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND HON'BLE SRI JUSTI CE SUBHASH UPADHYAY

1 5 TH OCTOBER, 2 0 2 5

W RI T PETI TI ON ( CRL) No. 1 05 9 OF 2 0 2 5

Smt. Mariyam and another.

…Petitioners Versus

State of Uttarakhand and others.

…Respondents

Counsel for the petitioners.

: Mr. Bilal Ahmed, learned counsel.

Counsel for respondent nos. 1 &

2.

: Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand.

JUDGMENT : (per Sr i G. Nar en d ar , C.J.)

Heard learned counsels for the petitioners, and the learned DAG for the State of Uttarakhand.

2.

It is submitted that both the petitioners belong to the same community, and that the petitioners developed a liking for each other, which has ended in marriage, and now both the petitioners are living together. Since the family members and others relatives of the first petitioner are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the

family and other relatives of the first petitioner, and hence they are before this Court praying for protection.

3.

The documents on record reveal that both the petitioners are major, and it is also submitted by the learned DAG for the State that the parties have performed their marriage on 07.09.2025, which fact is also evident from the Nikkahnama produced as Annexure No. 3 to the Writ Petition.

4.

In that view of the matter, and in view of the ruling of the Hon'ble Supreme Court in the case of Lat a Sin gh v. St at e of U.P. and an ot h er 1, the petitioners have made out a case for grant of protection.

5.

The Station House Officer, Police Station - Manglour, District Haridwar is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondents, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law. 1 (2006) 5 SCC 475

6.

The Writ Petition stands ordered accordingly.

As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed.

_ _ _ __ _ G. NARENDAR, C.J.

_ _ _ __ _ _ _

SUBHASH UPADHYAY, J.

Dt: 15th October, 2025 Rahul

RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=aa4fa3bee6691397758b14516ed3e 66e61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8 A192FCAD15C390A1AAD7B39857D2540AE 4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.10.16 14:44:42 +05'30'