Couples Can't Seek Police Protection As A Matter Of Right, Must Muster The Audacity To Persuade Their Families: Rajasthan High Court

The Rajasthan High Court has denied Police protection to a runaway couple, apprehending threat from their families. The court observed that there is no material or reason for it to conclude that the petitioners' life and liberty are at peril. Justice Dinesh Mehta further observed, "If the petitioners have decided to marry, they must muster the audacity and possess tenacity to face and to persuade the society and their family to accept the step they have taken."In the instant case, it noted that there is not even an iota of evidence to evince that the respondents (relatives of the petitioner No.1) are likely to cause physical or mental assault to the petitioners. It added,"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." The petitioner no. 1, an 18 years old girl and petitioner no. 2, a 21 years old boy, had approached the Court by way of writ petition seeking police protection. While denying them relief, the court observed that if any person misbehaves or manhandles the couple, then Courts and police authorities are there to come to their rescue. However, the couple cannot claim security as a matter of course or right. Relying on the case of Lata Singh Vs. State of U.P. & Anr. (AIR 2006 SC 2522) the court found that there is no serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them. In Lata Singh's case, the Apex Court had 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 petitioners have already moved a representation before the Superintendent of Police, Sriganganagar. In case the Superintendent of Police finds a real threat perception, he will do the needful in accordance with law, added the court.Case Title: Shobha and Anr. v. State of Rajasthan and Ors.Citation: 2022 LiveLaw (Raj) 9Click Here To Read/Download Order

Couples Can't Seek Police Protection As A Matter Of Right, Must Muster The Audacity To Persuade Their Families: Rajasthan High Court

ANIRUDH VIJAY

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