Libertatem Magazine

Uttarakhand High Court Allows Petition and Grants Protection To Petitioners Against Apprehension of Harm from Relatives

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Brief Facts of the Case

Before the Uttrakhand High Court at Nainital, the Petitioners belonged to two different beliefs and after Petitioner No. 1 converted to the belief of Petitioner No. 2 who was ‘Hindu’. Both Petitioners got married on 16.12.2020. They then sought police protection from the High Court as they had apprehensions that Private Respondent Nos.3 and 4 who were brothers of Petitioner No.1 would cause physical harm to them. The Court deliberated on the same, in the matter of Anjali @ Afsana & Anr. V. State of Uttarakhand & Ors.

Arguments Before the Court

The Court did not opine anything regarding the marriage as well as the conversion of religion by Petitioner No.1 which was from Muslim to Hindu, as it was a violation of the Uttarakhand Freedom of Religion Act, 2018, as there was no such permission had been taken from the District Magistrate. However, as per the Petitioners, they had applied to the concerned District Magistrate, but no direction was taken on it.

Observation of the Court

The Court observed that it seemed effective that the couple had apprised the Court that they have an apprehension at the hands of Private Respondent nos.3 and 4. Simultaneously, the Court relied upon on the Supreme Court judgments in Lata Singh V. State of U.P. & anr. and S. Khushboo V. Kanniammal & anr. and stated that the Senior SP, Haridwar was to coordinate with the Subordinate Officers of Police and provide directions to the concerned SHO, to give required protection to the Petitioners.

Decision of the Court

The High Court directed that the concerned District Magistrate, Haridwar to inquire from the authorities and persons as to the status of the application of Petitioner No.1 for conversion. It also issued notices to Respondent Nos. 3 & 4.

The matter was listed to be heard further on 05.03.2021.

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