Allahabad HC: Police Protection for Couples Marrying Against Parents’ Wishes Not a Right Without Threat Perception:

The Allahabad High Court has stated that police protection is not automatically available to a couple who marries out of choice, especially when parental consent is absent. The court stressed that protection is provided only in case of palpable danger to the couple's life or liberty.

This was part of the observations made by Justice Saurabh Srivastava while dismissing the writ petition of Shreya Kesarwani and her husband. The couple had moved court seeking police protection, alleging some private parties, whom they believed were relatives, were meddling in their married life.

Reference to Supreme Court Precedent

In this case, the court referred to the Supreme Court verdict in Lata Singh vs. State of UP and noted that the lower courts are not meant to provide refuge to youthful couples who in one way or the other escape to celebrate their marriage. They reiterated that such protection is not guaranteed to those in such an arrangement.

Lack of Danger, Lack of Safeguarding

The court analysis did De Novo and found that no threat existed to the couple. The petition was devoid of key evidence or documents that any family member posed a danger. The judge said, “There is not even an iota of evidence to evince that private respondents are likely to cause physical or mental assault.”

Recommendation to the Couple alongside Police Action Alternative

The couple's representation to the Superintendent of Police in Chitrakoot District and the court recommended that if there is a bona fide danger, appropriate measures should be taken under the law.

The court maintained its claim adding that couples that find themselves in such predicaments should be bold enough to help one another instead of waiting for help because true aid is seldom available.