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.
