Married Without Parental Consent? No Automatic Police Protection, Rules Allahabad High Court

In a significant observation, the Allahabad High Court has ruled that couples who marry of their own will, without their parents’ consent, cannot automatically claim police protection unless they face a real and tangible threat to their life or liberty.

Justice Saurabh Srivastava made the ruling while hearing a writ petition filed by Shreya Kesarwani and her husband, who had approached the court seeking police protection and a directive to stop their relatives from interfering in their marital life.

The court, after examining the facts, noted that there was “no serious threat perception” to the couple. “There is not even an iota of evidence to evince that private respondents are likely to cause physical or mental assault to the petitioners,” the court remarked.

Justice Srivastava underlined that while courts can indeed step in to provide protection in deserving cases, the mere act of marrying against parental wishes does not entitle a couple to police security as a matter of right. “Such a couple must learn to support each other and face the society,” he added.

Citing the Supreme Court’s judgment in Lata Singh vs State of UP, the court emphasized that judicial forums are not meant to provide protection to individuals who have eloped to marry according to their own choices without presenting any credible threat to their safety.

The bench also noted that the petitioners had not filed any formal complaint or FIR regarding alleged threats. However, it acknowledged their representation to the Superintendent of Police, Chitrakoot, and directed that appropriate legal steps be taken by police authorities if any real danger is found.

Concluding the matter, the court disposed of the writ petition on April 4, reiterating that security cannot be claimed by such couples “as a matter of course or right.”

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