Couples marrying against parents' wishes can't claim police protection as right: Allahabad HC

The Allahabad High Court ruled that couples like Shreya Kesarwani, marrying against parental wishes, cannot claim police protection without a legitimate threat. Justice Saurabh Srivastava highlighted the need to face society unless there's proven danger.

Allahabad HC

Allahabad HC

time

The Allahabad High Court has ruled that couples who marry of their own free will, against their parents' wishes, cannot automatically claim police protection unless there is a legitimate threat to their life and liberty.

The ruling came while deciding an application filed by a couple seeking protection from harassment.

Key Observations by the Court

The court stated that while it can provide security in deserving cases, couples must "learn to support each other and face society" in the absence of any threat perception. Justice Saurabh Srivastava emphasized that police protection cannot be granted simply because a couple has chosen to marry against familial opposition.

The couple, Shreya Kesarwani and her husband, had sought police protection and a direction for the private respondents (their relatives) not to interfere in their marital life. However, the court dismissed the petition after finding no evidence of a serious threat to their safety.

Reference to Supreme Court Judgment

In its ruling, the court cited the Supreme Court's decision in Lata Singh Vs State of UP. It reiterated that courts are not obligated to provide protection to individuals who marry of their own accord, without any substantive threat to their safety.

The court noted that there was no evidence suggesting that the petitioners' life or liberty was in danger, nor did the petitioners provide any proof that their relatives intended harm.

Direction for Future Action

In addition, the court noted that the petitioners had not submitted a specific application in the form of information to the concerned police authorities to file any FIR against the alleged illegal conduct of the private respondents.

However, noting that the petitioners had already submitted a representation to the superintendent of police (SP), Chitrakoot district, the court said, "In case the concerned police find a real threat perception, they will do the needful in accordance with law."

Against this backdrop, the court stressed that if any person misbehaves or manhandles them, the courts and the police authorities are there to come to their rescue.

In its decision dated April 4, the court disposed of the plea, holding that the petitioners cannot claim security as a matter of course or right.

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