Home | Legal Advice | Marriage law | Marriage under police protection

Marriage under police protection

Shivendra Pratap Singh



Reading Time:

I want to solemnise my marriage under police protection, and I also wish to register a complaint against my father. He is threatening me because I am solemnizing marriage against his will. Could I get police protection for my marriage?

Question from: Uttar Pradesh

You can seek police protection if your father threatens for solemnising marriage against his will. Every adult person has the right to choose his life partner. The Supreme Court also affirmed that right as a fundamental 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 life partner. According to section 5 of the Hindu Marriage Act, person can solemnise marriage with their consent. Consent of parents is not necessary for the marriage. Even the parents cannot impose their choice upon him. If parents are dictating like a “Khap Panchayat” then you can seek legal recourse.

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 of the Constitution of India.

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

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.

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.

I am in a love with a girl and we are getting married married very soon. The girl’s family are very supportive and they are happy with our marriage too. but problem is with my family. My parents and uncle had threatened me that if I will marry her they will going to spoil our life. Presently I am separated with my family. I need safety of my future family and want our marriage to be safe. So I request you to inform me that how can I take police protection on my marriage.

Question from: Madhya Pradesh

Police Protection for marriage

You should move a writ petition under Article 226 before the High Court for protection order. However, you can lodge a complaint against your parents and uncle for threatening. In Lata Singh vs State of U.P. the Supreme Court has held that parents cannot threaten if their child is solemnising marriage against their will. But, it should be good for you to not indulge in filing criminal cases against your family members.

You should move a writ petition before the High Court and pray for providing police protection during marriage. However, the court can direct the SHO to provide police protection even after the marriage if it finds that you have apparent threats.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Wife had sexual relations with a guy before the marriage

There is a girl who was live in relationship from last 2 years. She married a person and after marriage disclosed this fact. Her husband filed a petition under section 12(1) of HMA and a case of breach of trust and cheating was also filed against her. What are the...

Marriage against the consent of parents

If the bridegroom is 21 years and bride is 22 and they want to marry against the consent of their parents. What will be the cause for this? Can they marry? Question from: Andhra Pradesh Section 5 of the Hindu Marriage Act does not forbid a marriage if it has been...

Marriage when age of bridegroom is below 21 years

I want to solemnise marriage but age of bridegroom is below 21 years. We are in a relationship for past 4 years. And we decide to get married. But the girl's family doesn't allow her to do so. They First emotionally black mailed her. But she doesn't listen to them....

Married Hindu can marry a Muslim girl without divorce

Bigamy is banned by Section 5 of the Hindu Marriage Act. This section mandates that the marriage of a Hindu is void if he has a spouse living at the time of the marriage. If a married Hindu contracts Nikah with a Muslim girl with or without conversion, the Nikah will be void and he shall be prosecuted under Section 494 IPC for the offence of bigamy.

My sister in law hates my love affair

Personal view or observation of a person does not constitute domestic violence. The proceeding under Protection of Women from Domestic Violence Act cannot be initiated against the sister in law who is protesting the marriage of her sister in law with her brother. Such a protest does not amount to mental abuse defined under the DV Act.

I want to marry with my boyfriend at any cost

Marriage is a personal decision of a person. No one can force him to marry if he does not want to. In the Shakti Vahini case the Supreme Court has held that the right to choose a life partner is a fundamental right and no one can compel an adult person to marry with a particular person or a person of his choice.

My boyfriend does not accepting marriage

My boyfriend does not accepting marriage whereas, I solemnised marriage with him in a temple. We were in love for more than six years and we both were agree to marry. After the marriage, we were lived together for three months. We both are adult and working in a...

Section 29: Hindu Marriage Act 1955

Section 29: Savings (1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or...

Section 28-A: Hindu Marriage Act 1955

Section 28-A: Enforcement of decree and orders All decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and order of the court made in the exercise of its original civil jurisdiction for the time...

Section 28: Hindu Marriage Act 1955

Section 28: Appeal from decrees and orders (1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.