Learn To Face Society: Allahabad High Court Says Runaway Couple Cannot Claim Security As Matter Of Course/ Right

The Allahabad High Court while denying protection to a runaway couple observed that they need to learn to support each other and face society as security cannot be claimed as a matter of course/ right.

The Court was considering a Writ Petition seeking direction in the nature of mandamus to the Respondents to not to interfere in peaceful marital life of Petitioners.

The single bench of Justice Saurabh Srivastava observed, "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...If any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, but they cannot claim security as a matter of course or right."

The Petitioner was represented by Advocate Basdeo Nishad while the Respondent was represented by C.S.C.

The Court didn't find any serious threat perception to the Petitioners and, therefore, was of the view that there is no requirement of passing any order for providing police protection to them in light of judgment rendered by the Supreme Court in the case of Lata Singh Vs. State of U.P. & Anr. wherein it was held that the courts are not meant to provide protection to such youths, who have simply fled to marry according to their own wishes.

"It is also observed that no specific application in shape of information preferred before the concerned police authorities for lodging any FIR against any illegal conduct carried out by the private respondents, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS," the Court observed.

The Petition was accordingly dismissed.

Cause Title: Shreya Kesarwani And Another vs. State Of U.P. And 3 Others 2025:AHC:47943

Appearances:

Petitioner- Advocate Basdeo Nishad, Advocate Rama Pati Nishad

Respondent-C.S.C.

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