Brave Love: How to Face Society Without Police Protection After Marrying Against Parents’ Wishes – An Inspiring Allahabad HC Ruling
The Allahabad High Court recently ruled that couples who choose to marry against their parents’ wishes do not have an automatic right to police protection unless there is a genuine threat to their life and liberty. This decision emerged from a case involving Shreya Kesarwani and her husband, who petitioned the court for protection, seeking intervention against interference in their peaceful marital life by private respondents.
During this case, Justice Saurabh Srivastava clarified that while the court can offer protection in situations where there is a substantial threat, it cannot cater to all requests purely based on societal pressure. He noted, “In a deserving case, the Court can provide security to the couple, but cannot lend them the support they have sought. They have to learn to support each other and face the society.” This statement underscores the court’s stance that couples must also be equipped to handle societal challenges independently.
Having reviewed the details presented in Kesarwani’s petition, the court concluded there was no significant threat to the couple’s safety. Referring to the Supreme Court’s precedent in Lata Singh v. State of UP, the ruling highlighted that the judiciary should not routinely extend protection to individuals marrying out of personal choice unless credible threats exist. The absence of substantial evidence indicating any potential harm from the petitioners’ relatives reinforced this decision.
The court further observed that the petitioners had not initiated formal proceedings with law enforcement by filing a specific complaint or FIR concerning any alleged illegal acts by the private respondents. Though a representation had been made to the Superintendent of Police in Chitrakoot district, the court emphasized that police would act if a legitimate threat was identified, stating, “In case the concerned police find a real threat perception, they will do the needful in accordance with law.”
Moreover, the court assured that legal and police mechanisms would support the couple if they faced actual misconduct or threats. This approach aims to balance individual rights with broader social dynamics, encouraging couples to rely on available legal frameworks when truly necessary.
By dismissing the plea, the court underscored its position that protection cannot be claimed as a fundamental right in such contexts. Couples in similar circumstances are encouraged to lean on mutual support while also remaining vigilant and utilizing judicial and law enforcement channels where justified.
This ruling by the Allahabad High Court highlights the complex interplay between individual rights and social expectations within the context of marriage and personal choice, resonating with broader debates about autonomy and protection under Indian law. As societal norms continue to evolve, the judiciary’s role in interpreting and balancing these elements remains essential.
Original Source: https://www.livemint.com/news/india/learn-to-support-each-other-no-police-protection-for-couples-marrying-against-parents-wishes-says-allahabad-hc-11744850431593.html
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Publish Date: 2025-04-17 06:27:00
