The Uttarakhand High Court has granted protection to a couple, notwithstanding the objection that the male petitioner had not attained 21 years of age at the time of marriage. Observing that the counsellor's report indicated that the female petitioner was not ready to go with her parents and was happy in the company of the male petitioner, the Court, relying on the Supreme Court's decision in Lata Singh v. State of U.P., held that the petitioners had made out a case for grant of protection.

Justice Alok Mahra was dealing with a writ petition seeking a direction to the police authorities to provide protection to the petitioners from the private respondents and their associates.

The petitioners submitted that they had solemnized their marriage on 24.03.2026. According to the matriculation certificate of petitioner no. 1, she was 19 years and 6 months old at the time of marriage, while petitioner no. 2 was 20 years old. It was further submitted that the family members of petitioner no. 1 were against the marriage, and as such were giving threats to kill both the petitioners, and that they seriously apprehended threat to their life and limb.

By an earlier order, a Coordinate Bench had directed the parties to appear before a counsellor. The said counsellor's report indicated that petitioner no. 1 was not ready to go with her parents and was happy in the company of petitioner no. 2.

The private respondents primarily submitted that petitioner no. 2 had not attained the age of 21 years and, therefore, the marriage alleged to have been solemnized between the petitioners was not a valid marriage.

Conversely, the petitioners argued that although petitioner no. 2 had not attained the age of 21 years at the time of solemnization of the marriage, at the most, the marriage could be voidable. They reiterated that they were facing threats from the family members of petitioner no. 1 and sought protection.

“Be that as it may, the Coordinate Bench vide its order dated 08.05.2026 directed the parties to appear before the counsellor. The parties appeared before the counsellor and the report submitted by the counsellor would indicate that the petitioner no. 1 is not ready to go with her parents and she is happy with the company of the petitioner no. 2.

In that view of the matter, and in view of the ruling of the Hon'ble Supreme Court in the case of Lata Singh Vs State of U.P. and another, (2006) 5 SCC 475, the petitioners have made out a case for grant of protection”, the Court held.

Accordingly, the Court directed the Station House Officer of the concerned police station 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 threat to the life and limb of the petitioners”.

Lastly, the Court further directed the Station House Officer to summon the private respondents and such other persons who were inimically placed towards the marriage of the petitioners and counsel them in accordance with law.

Case: Vanshika Tomar and Another v State Of Uttarakhand [WPCRL/566/2026]

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