RAHMANI AND ANR vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court

UKHC010153792026

2026:UHC:7781


HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Criminal No. 1756 of 2026
st
31 August, 2026

Rahmani And Anr
……….. Petitioner
Versus

State Of Uttarakhand and Others
…………Respondents

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Presence:-
Ms. Iram and Sajjad Ahmed, learned counsel for the petitioners.
Mr. Shailendra Singh Chauhan, learned Deputy A.G. and Mr. Vikash
Uniyal, learned Brief Holder for the State.

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Hon'ble Alok Mahra, J. (Oral)


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 for the petitioners would
submit that petitioner nos.1 and 2 were in a
relationship and, of their own free will and consent,
solemnized their marriage (Nikah) on 18.01.2025 in
accordance with Muslim rites and rituals; that, out
of the said wedlock, a male child was born on
21.10.2025; that, the petitioners have also got their
marriage registered under the relevant provisions of
the Uniform Civil Code. It is contended that
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respondent no.4, who is the father of petitioner
no.1, along with respondent nos.5 to 8, who are
relatives of petitioner no.1, is opposed to the
marriage and has been extending threats to the
petitioners on account thereof.
4. Learned counsel for the petitioners would
further submit that, apprehending danger to their
life and personal liberty, the petitioners initially
stayed at Delhi for some time and thereafter shifted
to Peerpura, Police Station Dehat, District
Haridwar, where they have been residing together
along with their child. It is alleged that respondent
nos.4 to 8, being aggrieved by and opposed to the
marriage of the petitioners, have threatened and
intimidated them and have allegedly attempted to
interfere with their peaceful life. It is, therefore,
submitted that the petitioners have a genuine
apprehension of danger to their life, liberty and
physical safety at the hands of the private
respondents and have consequently approached
this Court seeking protection.
5. It is further submitted that both the
petitioners are major. The documents pertaining to
their age, which have been placed on record, prima
facie indicate that both the petitioners have
attained the age of majority.
6. Both the petitioners are present before
this Court along with their minor child and have
been duly identified by their learned counsel. They
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state before this Court that they have solemnized
their marriage voluntarily and of their own free will
and volition, without any force, coercion, fraud or
undue influence, and that they are residing
together as husband and wife along with their
child.
7. Having considered the submissions
advanced by learned counsel for the petitioners and
the material placed on record, it is apparent, prima
facie, that both the petitioners are major and claim
to have voluntarily entered into a marital
relationship. They are presently residing together
along with their minor child. It is well settled that
every person is entitled to the protection of his or
her life and personal liberty guaranteed under
Article 21 of the Constitution of India. The right of
two consenting adults to choose their life partner
and to lead a life of their choice cannot ordinarily be
interfered with by private individuals or family
members by resorting to threats, intimidation or
violence. Reference in this regard may be made to
the judgment of the Hon'ble Supreme Court in Lata
Singh v. State of U.P. and Another, (2006) 5 SCC
475.
8. 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 Pathri, District Haridwar, is directed
to examine the representation of the petitioners and
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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.

9. With the aforesaid observations and
directions, the writ petition stands disposed of.
10. Pending applications, if any, shall also
stand disposed of.



(Alok Mahra, J.)
07.08.2026
Mamta

MAMTA
RANI
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e43
0ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e689
11ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.09.01 17:02:11 +05'30'
4