The Allahabad High Court has held that couples who choose to marry against the wishes of their families cannot claim police protection as a matter of right unless there is a genuine threat to their life or liberty.
Justice Saurabh Srivastava made this observation while hearing a writ petition filed by Shreya Kesarwani and her husband, who had approached the court seeking police protection and a directive to restrain their family members from interfering in their marital life.
The Court emphasized that while it may grant protection in deserving cases, such relief cannot be extended automatically in the absence of any credible threat. "Such couples must learn to support each other and face the society," the judge remarked.
Upon examining the contents of the petition, the Court found no material indicating a real or imminent threat to the couple’s safety. There was neither any indication of physical or mental harassment by family members nor any formal complaint made to the police seeking action.
Referring to the Supreme Court’s ruling in Lata Singh vs. State of UP & Another, the Court reiterated that judicial protection is not meant for couples who have merely eloped to marry of their own volition without facing actual danger.
While acknowledging that the petitioners had submitted a representation to the Superintendent of Police in Chitrakoot, the Court noted that it is up to the local police to assess any potential threat and act in accordance with the law. "If any real threat is found, the authorities will take appropriate steps," the Court stated.
Concluding the matter on April 4, the Court disposed of the plea, underscoring that protection cannot be demanded as a matter of course or entitlement.
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