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Allahabad High Court: “No Police Protection If Marrying Against Parents’ Wishes”

The Allahabad High Court said couples marrying against parents’ wishes can’t get police protection without real danger. The court emphasized support from each other is key unless serious threats exist.

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Allahabad High Court: "No Police Protection If Marrying Against Parents' Wishes"

UTTAR PRADESH: The Allahabad High Court said that couples who marry each other by their own choice, even if their parents are not happy with it, cannot automatically get police protection.

The court explained that unless there is a real danger to the couple’s life or safety, they cannot demand protection as a right.

This statement came during the hearing of a case filed by a couple—Shreya Kesarwani and her husband—who had approached the court asking for police protection.

They also wanted the court to tell the family members not to disturb their married life.

While hearing the case, Justice Saurabh Srivastava said that the court can give protection only in special cases where there is a clear risk to the life or freedom of the couple.

If there is no such danger, then the couple should-

“Learn to support each other and face the society.”

The judge checked the details mentioned in the petition and found that there was no serious threat to the couple’s life. Therefore, the court closed the case.

The court clearly said,

“There is no requirement of passing any order for providing police protection to them in the light of judgment rendered by the Supreme Court in the case of Lata Singh Vs State of UP and another, wherein it has been held that the courts are not meant to provide protection to such youths who have simply fled to marry according to their own wishes.”

The court also pointed out that there was no proof or reason to believe that the couple was in any danger from their family members.

It said,

“There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners.”

The court also found that the couple did not give a written complaint or FIR to the police about any illegal actions by their family members.

However, the couple had already sent a letter to the Superintendent of Police (SP) in Chitrakoot district.

On this point, the court said,

“In case the concerned police find a real threat perception, they will do the needful in accordance with law.”

The court added that if anyone harasses or attacks the couple, the police and courts are always there to help them and give justice.

In the end, the court gave its decision on April 4 and said that just getting married against parents’ wishes is not a valid reason to get police protection.

The court made it clear that such couples-

“Cannot claim security as a matter of course or right.”

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