Mahjavi 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 6 TH OCTBOER, 2 0 2 5

W RI T PETI TI ON ( CRL) No. 1 27 8 OF 2 0 2 5

Smt. Mahjavi and another.

…..Petitioners

Versus

State of Uttarakhand and others.

…Respondents

Counsel for the petitioners.

: Mr. Faizan Ali, learned counsel for the petitioners. Counsel for the respondents

: Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State.

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

Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of Uttarakhand.

2.

It is submitted that both the petitioners belong to the same religion, 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 majors, and it is also submitted by the learned Deputy Advocate General for the State that the parties have performed their marriage on 04.10.2025. The petitioners have also placed on record marriage certificate dated 04.10.2025 as Annexure-4.

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. an d an ot h er , ( 2 0 0 6 ) 5 SCC 4 7 5 , the petitioners have made out a case for grant of protection.

5.

The Station House Officer, Police Station Khatima, District Udham Singh Nagar 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 respondent, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law.

6.

The Writ Petition stands ordered accordingly. A

¶7Pending application, if any, also stands disposed of.

_______________ G. NARENDAR, C.J.

_____________

SUBHASH UPADHYAY, J.

thDt: 16 October, 2025 Rathoura Digital y signed by PRAVINDRA SINGH RATHOUR PRAVINDR DN: c=IN, o=HIGH COURT OF UT ARAKHAND, ou=HIGH COURT OF UT ARAKHAND,

2.5.4.20=2369 c c2fd40ad81b6fd13 237 9d9 e3aeb1097d17dbb53d481cabd25946e d, A SINGH postalCode=2630 1, st=UT ARAKHAND, serialNumber=1F6549 E931DF71CDAF92A40 CC6179B8E0103 1BA695239171F906FD5C45C 4E8, cn=PRAVINDRA SINGH RATHOUR RATHOUR Date: 2025.10.17 1 :02:01 +05'30'