The Allahabad High Court has observed that couples
who marry of their own will against the wishes of their parents cannot claim
police protection as a matter of right unless there is a real threat perception
to their life and liberty.
The court gave the ruling while deciding an
application filed by a couple seeking protection.
It said the court can provide security to a couple
in a deserving case but in the absence of any threat perception, such a couple
must "learn to support each other and face the society".
Justice Saurabh Srivastava made this observation
while hearing a writ petition filed by Shreya Kesarwani and her husband seeking
police protection and a direction for the private respondents not to interfere
in their peaceful marital life.
The court after going through the averments made in
their petition, disposed of their writ petition, noting that there was no
serious threat perception to the petitioners.
Disposing of the writ petition, the court observed,
"There is no requirement of passing any order for providing police
protection to them in the light of judgment rendered by the Supreme Court in
the case of Lata Singh Vs State of UP and another, wherein it has been held
that the courts are not meant to provide protection to such youths who have
simply fled to marry according to their own wishes." The court also observed that there was no material or reason
to conclude that the petitioners' life and liberty were in peril.
"There is not even an iota of evidence to
evince that private respondents (relatives of either of the petitioners) are
likely to cause physical or mental assault to the petitioners," the court
noted.
In addition, the court noted that the petitioners
had not submitted a specific application in the form of information to the
concerned police authorities to file any FIR against the alleged illegal
conduct of the private respondents.
However, noting that the petitioners had already
submitted a representation to the superintendent of police (SP), Chitrakoot
district, the court said, "In case the concerned police find a real threat
perception, they will do the needful in accordance with law." Against
this backdrop, the court stressed that if any person misbehaves or manhandles
them, the courts and the police authorities are there to come to their rescue.
In its decision dated April 4, the court disposed of
the plea, holding that the petitioners cannot claim security as a matter of
course or right.