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.

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Shivendra Pratap Singh

Advocate, Lucknow

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