The Allahabad High Court has made it clear that couples who marry against the wishes of their families cannot automatically claim police protection unless there is a clear and present threat perception to their life or liberty.
The observation was delivered by Justice Saurabh Srivastava while dismissing a writ petition filed by a couple — Shreya Kesarwani and her husband — who had sought police protection and a directive restraining their families from interfering in their marital life.
Couples Must Face Society Together, Says Court
In his judgment, Justice Srivastava emphasized that courts are meant to intervene only in deserving cases where genuine threats exist. Absent such circumstances, couples must “learn to support each other and face society” rather than rely on judicial protection as a matter of routine.
Quoting the landmark Supreme Court judgment in Lata Singh vs State of UP and Another, the Allahabad High Court reinforced the legal principle that the judiciary is not a platform for providing blanket protection to couples who marry for love against parental consent, unless there is substantive evidence of danger.
No Evidence of Threat, Rules Court
The court carefully examined the couple’s petition and found no concrete material to suggest that their life or liberty was under immediate threat from their families.
“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,” Justice Srivastava observed while disposing of the petition.
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The court also pointed out that the couple had failed to submit any specific complaint or First Information Report (FIR) against the relatives they feared might threaten them.
Police to Act If Real Threat Emerges
However, the court did acknowledge that the petitioners had submitted a representation to the Superintendent of Police (SP), Chitrakoot district, and directed that, should the local police find a real threat perception, they must act in accordance with the law.
Justice Srivastava reassured the couple, stating: “If any person misbehaves or manhandles them, the courts and the police authorities are there to come to their rescue.”
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The ruling, dated April 4, 2025, ultimately held that police protection cannot be claimed as a matter of right simply because two consenting adults married against their families’ wishes.
Legal Precedent and Social Reflection
This judgment reaffirms the Indian judiciary’s evolving position on personal liberty versus social order. While courts have previously upheld the right of two consenting adults to marry without parental approval, the Lata Singh judgment and now this decision underscore that judicial protection is not to be presumed in the absence of actual danger.
The Allahabad High Court’s ruling could have wider implications, especially in states like Uttar Pradesh, where cases of honor-based harassment and inter-caste marriages often lead couples to seek judicial intervention.
