Mandamus Issued to Police Authorities to Safeguard Couple's Right to Life and Liberty After Marriage Against Family's Wishes
In a significant ruling, the Uttarakhand High Court has issued a mandamus directing the police authorities to assess and provide necessary protection to a couple who married against the wishes of their family, citing threats to their life and liberty. The order comes in response to a writ petition filed by Simran Kaur and her spouse, who sought police protection after facing opposition from family members following their marriage.
The couple, who solemnized their marriage on February 12, 2026, as per Hindu rituals at Shiv Temple, Rampura, have been living under the fear of reprisal from Simran’s cousin brother and father. Both individuals are adults, with their ages verified by their Aadhaar cards, thus validating their capacity to marry out of their free will.
Presiding over the case, Justice Rakesh Thapliyal emphasized the constitutional right to life and personal liberty as enshrined under Article 226. The court directed the police to promptly assess the threat level and ensure the couple's safety. Furthermore, the court instructed the petitioners to register their marriage officially and present the certificate as part of their commitment to legal formalities.
The court's decision underscores the judiciary's role in safeguarding individual rights against familial or societal pressures, particularly in matters of personal choice such as marriage. The judgment reinforces the legal obligation of state authorities to protect citizens from threats, thereby upholding the fundamental rights granted by the Constitution of India.
The Uttarakhand High Court has scheduled further proceedings on March 23, 2026, allowing time for a counter affidavit by the State counsel. Meanwhile, the police are tasked with counseling the opposing family members to adhere to the law and respect the couple's union.
Bottom Line:
Right to life and personal liberty - Mandamus issued to police authorities to assess and provide protection to petitioners who claimed threat to their life and liberty due to their marriage.
Statutory provision(s): Article 226 of the Constitution of India
Simran Kaur v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2878824
