"They have to learn to support each other and face the society": Rajasthan HC while rejecting runaway couple's plea for police protection from family members
Justice Dinesh Mehta of the Rajasthan High Court has denied Police protection to a runaway couple, apprehending threat from their families stating that there is no material or reason for it to conclude that the petitioners' life and liberty are at peril.
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.
Denying them the protection, Justice Mehta observed that:
"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."
Relying on the Apex Court decision in 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, the Court observed that there is no material or reason to conclude that the petitioners’ life and liberty are at peril.
"There is not even an iota of evidence to evince that private respondents (relatives of the petitioner No.1) are likely to cause physical or mental assault to the petitioners," the Court observed.
The Court further went on to say that 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 Court concluded.
Shobha and Anr. v. State of Rajasthan and Ors.