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No Protection For Those Marrying Against Parents’ Wish: Allahabad HC

Allahabad: The Allahabad High Court has observed that couples who marry of their own will against the wishes of their parents cannot claim police protection as a matter of right unless there is a real threat perception to their life and liberty.

It said the court can provide security to a couple in a deserving case but in the absence of any threat perception, such a couple must “learn to support each other and face the society”. Justice Saurabh Srivastava made this observation while hearing a writ petition filed by Shreya Kesarwani and her husband seeking police protection and a direction for the private respondents not to interfere in their peaceful marital life.

Disposing of the writ petition, the court observed, “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 observed that there was no material or reason to conclude that the petitioners’ life and liberty were in peril. 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.

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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