'Learn To Face Society': Allahabad HC Says Runaway Couples Can't Claim Police Protection As A Right Sans Real Threat To Life

A bench of Justice Saurabh Srivastava noted that while in a deserving case the Court can provide security to a couple, in the absence of any threat perception, such a couple must “learn to support each other and face the society.”

The single judge 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, however, after perusing the averments made in their petition, disposed of the same, noting that there was no serious threat perception to the petitioners.

The Court stated:

"There is no requirement of passing any order for providing police protection to them in light of 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."

In its order, the Court also observed that there was no material or reason to conclude that the petitioners' life and liberty are 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 bench noted.

Additionally, 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.

It further observed that there is no averment in the petition indicating that any action has been taken under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), nor that the police authorities have failed to act on such a request of the petitioners.

However, noting that the petitioners had already submitted a representation to the Superintendent of Police, Chitrakoot, the Bench stated thus:

“In case the concerned police finds a real threat perception, he will do the needful in accordance with law.”

Against this backdrop, stressing that if any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, the single judge disposed of the plea holding that the petitioners cannot claim security as a matter of course or right.

Case title - Shreya Kesarwani And Another vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 130

Case Citation: 2025 LiveLaw (AB) 130

Click Here To Read/Download Order