MOHAMMAD SHAKIB vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court

UKHC010155242026

2026:UHC:8053


HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Criminal No. 1776 of 2026
th
08 September, 2026



Mohammad Shakib and Another

--Petitioners
Versus


State Of Uttarakhand and Others
--Respondents

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Presence:-
Ms. Laybanoor, learned counsel for the petitioners.
Mr. Pramod Tiwari, learned A.G.A. 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. An objection has been raised by the
Registry to the effect that the petitioners have not
disclosed their respective earlier marital status in
the writ petition.
3. Learned counsel appearing for the
petitioners would submit that neither of the
petitioners was married previously and that the
marriage between them is their first marriage.
4. In view of the aforesaid submission made
by learned counsel for the petitioners, the
defect/objection raised by the Registry regarding
non-disclosure of the earlier marital status of the
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petitioners is hereby overlooked.
5. Learned counsel for the petitioners
would submit that petitioner no.1 and petitioner
no.2 were in a relationship and have solemnized
their marriage (Nikah) on 27.07.2026 in
accordance with Muslim rites and rituals. It is
further submitted that the petitioners have
already applied for registration of their marriage
under the provisions of the Uniform Civil Code.
Learned counsel would further submit that
respondent no.3, the father of petitioner no.2,
respondent nos.4 and 5, who are her uncles, and
respondent no.6, who is her paternal aunt (Bua),
are opposed to the marriage of the petitioners and
have been extending threats to them. Owing to
such opposition, the petitioners have a genuine
and reasonable apprehension of danger to their
life and personal liberty at the hands of
respondent nos.3 to 6.
6. It is further submitted that the private
respondents have also allegedly manhandled the
father of petitioner no.1, who is suffering from
paralysis, and have threatened the petitioners
with dire consequences, including threats to kill
them whenever they are found. In these
circumstances, apprehending an imminent threat
to their life and personal liberty, the petitioners
have approached this Court seeking appropriate
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protection.
7. It is further submitted that both the
petitioners have attained the age of majority.
According to the documents placed on record,
both the petitioners are major.
8. Both the petitioners are present before
this Court and have been duly identified by their
learned counsel. They state that they have
voluntarily solemnized their marriage of their own
free will, without any force, coercion or undue
influence. It is further submitted that the
marriage/Nikah between the petitioners was
solemnized on 27.07.2026 and they have already
applied for registration of their marriage in
accordance with the provisions of the Uniform
Civil Code, Uttarakhand.
9. Be that as it may, the petitioners claim to
have attained the age of majority and have placed
documentary proof of their age on record. 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
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law.
10. 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 Vikas Nagar, District Dehradun, 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.
11. With the aforesaid observations and
directions, the writ petition stands disposed of.
12. Pending applications, if any, shall also
stand disposed of.



(Alok Mahra, J.)
08.09.2026
Mamta

MA
MTA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT
OF UTTARAKHAND,
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UTTARAKHAND,
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, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1
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Date: 2026.09.08 18:22:42
+05'30'
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