No protection for those marrying against parents' will! Allahabad HC gives another controversial verdict

The Allahabad High Court has observed that couples who choose to marry against the wishes of their families cannot claim police protection as a fundamental right unless there is a genuine threat to their life and liberty. The observation came during the hearing of a writ petition filed by a couple seeking protection from their families.

Justice Saurabh Srivastava made the remarks while hearing a plea by Shreya Kesarwani and her husband, who requested protection from alleged interference by their relatives. After reviewing the petition, the court noted that there was no substantial threat to the couple’s safety, either physical or psychological.

The court cited the landmark Supreme Court ruling in Lata Singh vs. State of UP, which held that while courts can intervene in deserving cases, they are not meant to extend protection to every couple who marries for love without evidence of genuine danger. "There is no requirement of passing any order for providing police protection to them," the court stated.

Justice Srivastava emphasized that couples must “learn to support each other and face the society” in such situations unless the threat to their lives is clearly evident. The court also remarked that the couple had failed to provide any evidence or file a formal complaint against the alleged threats posed by their family members.

Furthermore, it was noted that although the petitioners had submitted a representation to the Superintendent of Police, Chitrakoot district, there was no immediate action required unless the police identified a credible threat based on the representation. The court said that in such a scenario, the police must take appropriate legal action.

In its April 4 judgment, the High Court concluded that the petitioners could not claim protection as a matter of routine. However, it assured that should any incident of harassment or harm occur, the police and judiciary would stand by to protect the rights and safety of the couple.