Couples Marrying Without Parental Consent Can't Demand Police Protection Without Real Threat: Allahabad HC

Couples Marrying Without Parental Consent Can't Demand Police Protection Without Real Threat: Allahabad HC

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In a significant ruling with implications for self-choice marriages, the Allahabad High Court has stated that couples who marry without their parents' approval cannot claim police protection as a matter of right—unless there is a genuine and provable threat to their life or liberty.

The decision came on April 16, in response to a writ petition filed by newlyweds Shreya Kesarwani and her husband, who alleged harassment by relatives following their marriage and sought protection.

While hearing the plea, the bench observed that the couple failed to present any evidence of an actual threat. The court emphasized that without a formal complaint or an FIR, mere apprehensions cannot be grounds for state protection. It noted that “there is not even an iota of evidence” suggesting any physical or mental harm posed by the respondents.

Reinforcing this stance, the court referred to previous legal precedents and highlighted that judicial protection is not meant for all couples who elope or marry against the wishes of their families. The High Court clarified that only in exceptional cases, where there is a credible and serious risk, will law enforcement be obliged to step in.

The court also acknowledged that the couple had submitted a representation to the Superintendent of Police in Chitrakoot district. It stated that if any such threat arises in the future, the local police would be legally obligated to act in accordance with the law.

With no substantial threat or formal police complaint presented, the court dismissed the couple’s plea on April 4.

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