The Allahabad High Court has reiterated that couples who marry of their own volition against familial opposition cannot claim police protection as a matter of right unless there is a genuine threat to their life or liberty. The judgment was delivered by Justice Saurabh Srivastava in Writ – C No. 2966 of 2025: Smt. Shreya Kesarwani and Another vs. State of U.P. and Others.
Background:
The petitioners, a married couple, had approached the Court seeking a writ in the nature of mandamus directing the respondents not to interfere with their peaceful marital life. The petition was filed against the State of Uttar Pradesh and other private respondents, including relatives of the couple. The petitioners were represented by advocates Basdeo Nishad and Rama Pati Nishad.
Court’s Observations:
After hearing both parties and examining the pleadings, the Court held that no serious threat perception to the petitioners’ life and liberty was evident. It emphasized that:
“There is no requirement of passing any order for providing police protection to them in light of the judgment rendered by Hon’ble the Apex Court in the case of Lata Singh vs. State of U.P. & Anr. (AIR 2006 SC 2522), 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 found no material to suggest that private respondents had posed any threat of physical or mental harm. Justice Srivastava further stated:
“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.”
He clarified that while courts and police authorities are available to assist in the event of any assault or misbehavior, security cannot be demanded as an absolute right:
“They cannot claim security as a matter of course or right.”
Additional Considerations:
It was noted that the petitioners had submitted a representation to the Superintendent of Police, Chitrakoot. The Court directed that if the police perceive any real threat, necessary action should be taken in accordance with law.
The Court also pointed out the absence of any application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) or any filed FIR against illegal conduct by the private respondents.
Finding no valid ground to grant the relief sought, the Court disposed of the writ petition on April 4, 2025.
Citation:
Neutral Citation No. – 2025:AHC:47943
Writ – C No. – 2966 of 2025
Shreya Kesarwani and Another vs. State of U.P. and Others
