Want to marry in police protection

Question asked on: 10/08/2019

I want to marry my boyfriend under police protection, and I also wish to register a complaint against my father that he was threatening me. Could I get police protection for my marriage?

Advised by: Shivendra Pratap Singh,

If your father threatens not to marry your boyfriend, then you can complain to the police. You did not mention your religion, so without going into it, I give my advice.

Every adult person has the absolute right to choose his life partner. The Supreme Court also affirmed that right in Shakti Vahini vs Union of India (2018) 7 SCC 192.

The Court held that an adult person has a fundamental right to choose his spouse. Even the parents cannot impose their choice upon him. If parents are acting like a “Khap Panchayat” they commit a crime.

Hence, you have adequate legal protection against your father’s threats. You can avail police protection for marriage. The act of threatening to inflict an injury is a crime under the Indian Penal Code.

His act is punishable under section 504/506 of the IPC. In the same time, he is also violating a fundamental right cherished under Article 21.

Article 226 of the Constitution empowers the High Court to pass a suitable order or direction for the enforcement of a fundamental right. You can thus file a writ under Article 226 of the Constitution.

Solemnise your marriage

You can solemnise your marriage without the consent of your parents. The law prescribes a minimum age for the marriage. Section 5 of the Hindu Marriage Act fixes a minimum age for bride and bridegroom at the time of their marriage.

According to it, the bride should complete 18 years and bridegroom 21 years at the time of marriage. Along with age, they should also be capable of giving valid consent. An idiot and the lunatic person are not competent to give valid consent. Therefore, they cannot solemnise the marriage without the permission of parents.

In devoid of the above conditions, you can solemnise your marriage without the father’s permission.

Writ petition

You can seek police protection from the High Court. In the writ petition under Article 226, you can adduce evidence of such threats. You should present before the Court along with your boyfriend. The Court may ask any question from him to ascertain his conviction.

The Court can call your father and direct him to not interfere in this matter. Besides such order, the Court can take a written undertaking from him. In the said undertaking, your father may swear that he will solemnise the marriage peacefully.

If the Court thinks that he may create any hurdle, then it may provide police protection. Therefore, your marriage may solemnise in police protection.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Dishonour of security cheque is no offence under N I Act

I gave loan to my friend and at the same time, he issued a cheque of the equal amount of loan for the security of the loan. However, I was quite sure that he will return that amount in 2 months but he failed to return. I made some query regarding repayment of the loan...

Police officer not appearing in court

Sir I am central govt employee and my promotion is pending due to ongoing five years long pending case. case is pending for police evidence though court summons issued so many time but police officer not appearing in court. Please suggest how this case will be...

Tender of pardon under section 306 crpc

My  younger brother is prosecuted for the offence of robbery by Banglore police. Actually offence is committed by his friends and he was bounded by his friends to take participation in the commencement of offence. At the stage of investigation police offered him to...

Guidelines for arrest

The basic guidelines for arrest. Police are bound to follow it before making the arrest. Time and again the supreme court of India in its judgments make rule or guideline for arrest. Some important judgments are given below.  Joginder Kumar  Vs   State  of UP   No...

Filing of FIR is illegal if dispute has settled in Lok Adalat

The electricity board has filed an FIR under Section 135 of the Electricity Act 2003. That FIR was for electricity theft. However, I was guilty of that offence. But the dispute has settled between the parties in the Mega Lok Adalat. I have a copy of the award. What...


How does court alter the charge under the code of criminal procedure? Alteration of charge may be taken place during the trial if court found that there is sufficient material on record to show commencement of any offence which is not charged by the court. The court...

My friend took money by committing fraud

My friend Amit asked for a favour from me. On 31st May he said that his friend Jaspreet needed 10000 urgent help. I transferred the money to Jaspreet account. When I asked for the money after a few days, Amit said that Jaspreet has given him the cash and ask me to...

Cheque bounce case

Within what period of time can i expect justice for a check bounce case? (either I have to get money or action against the person who issued the check) . a. if he fails to pay, what would be the minimum and maximum legal action against that person? What would be the...

Police officer is bound to register FIR

My uncle went to the police station for registration of FIR. Someone steal his goods from the bus station. He informed the matter to the “Dewan”, but he refused to lodge his FIR. I have heard that the police officer cannot refuse to record the FIR. However, he did so...

Cheque bounce case against company

I’m running a small factory and in course of my business I used to received some cheques from companies. One of my client committed offence under section 138 Negotiable Instrument Act. Is it mandatory to give notice to all the directors of the company? No need to send...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now