Rajasthan High Court Single Bench comprising Justice Dinesh Mehta while dealing with a plea filed by a runaway couple denied the Police Protection to them on finding no serious apprehension of threat to their life.
Along with this, it was noted,
"If the petitioners have decided to marry, they must muster the audacity and possess the tenacity to face and to persuade the society and their family to accept the step they have taken."
Background of the case
The petitioners are an 18-year-old girl and a 21-year-old boy who married Eloping from their families. The Petitioners had approached this court seeking police protection on grounds of threat to their life and Liberty.
This Court after taking into consideration the issue at hand and looking into the circumstances of the runaway Couple denied them Police Protection by relying upon the Supreme court's decision in Lata Singh v. State of U.P. & Anr. (AIR 2006 SC 2522) and held,
"Upon perusal of the pleadings, this Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them in light of the judgment of Hon’ble the Supreme Court in the case of Lata Singh Vs. State of U.P. & Anr. (AIR2006 SC 2522), wherein it has been held that the Courts are not protected to such youths, who have simply fled to marry according to their own wishes."
There was no material or reason for this Court to conclude that the petitioners’ life and liberty were at peril. There was not even an iota of evidence to conclude that private respondents (relatives of the girl) are likely to cause a physical or mental assault on the petitioners.
It was observed that If the petitioners have decided to marry, they must muster the audacity and possess the tenacity to face and to persuade society and their family to accept the step they have taken. It was highlighted in the order that 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 society.
At last, by rejecting the Petition this Court said that If any person misbehaved or manhandled them, the Courts and police authorities will be there to rescue, but they cannot claim security as a matter of course or right.
Case Details
Case Title: Shobha and Another v. State of Rajasthan and Others
Bench: Justice Dinesh Mehta
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