Smt Sandhya and Another vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Smt Sandhya and Another vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether a mandamus should issue directing the respondents not to interfere with the petitioners' peaceful marital life. +1 more

Ratio / Principle

On the pleadings there is no serious threat perception to the petitioners; there is no material or reason to conclude that their life and liberty are at peril, and not even an iota of evidence that the private respondents (relatives of either petitioner) are likely to cause physical or mental assault.

Key takeaways

In a deserving case the Court can provide security to a couple, but security cannot be claimed as a matter of course or right; if any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue.ratio¶11
Since the petitioners have already moved a representation before the Superintendent of Police, Sant Kabir Nagar, if the concerned police finds a real threat perception it will do the needful in accordance with law.ratio¶12

Detailed headnote1 paragraphs

WRIT - C No. 1052 of 2025 (High Court of Judicature at Allahabad; Hon'ble Saurabh Srivastava, J.; Neutral Citation 2025:AHC:46993; Order dated 3.4.2025) — Married-couple petitioners sought a mandamus restraining the respondents from interfering with their peaceful marital life. Disposing of the petition, the Court held: (i) on the pleadings there was no serious threat perception, and not even an iota of evidence that the private respondents (relatives of either petitioner) were likely to cause physical or mental assault, so no order of police protection was required; (ii) in light of Lata Singh Vs. State of U.P. & Anr. (AIR 2006 SC 2522), courts are not meant to provide protection to youths who have simply fled to marry according to their own wishes; (iii) while security can be provided in a deserving case, it cannot be claimed as a matter of course or right — if any person misbehaves or manhandles the couple, the courts and police authorities are there for their rescue; (iv) the petitioners' existing representation before the Superintendent of Police, Sant Kabir Nagar would be acted upon in accordance with law if the concerned police finds real threat perception; and (v) the petition contained no specific averment of any case instituted under Section 175(3) of BNSS. Petition disposed of; no substantive relief granted.

Neutral Citation No. - 2025:AHC:46993

Court No. - 74

Case :- WRIT - C No. - 1052 of 2025

Petitioner :- Smt Sandhya And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narsingh Pandey Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for petitioners and learned Standing Counsel for the State-respondents.

By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought.

Upon perusal of the pleadings, this Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them in light of judgment rendered by Hon'ble the Apex Court in the case of 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.

There is no material or reason for this Court 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 either of the petitioners) are likely to cause physical or mental assault to the petitioners.

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.

Needless to observe that petitioners have already moved a representation before the Superintendent of Police, Sant Kabir Nagar and in case the concerned police finds a real threat

perception, he will do the needful in accordance with law.

It is also observed that no specific application in shape of information preferred before the concerned police authorities for lodging any FIR against any illegal conduct carried out by the private respondents, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS.

In view thereof, no case made out for seeking indulgence of the Court over the prayer as made in the petition, hence, the same is hereby disposed of .

Order Date :- 3.4.2025 Rakesh

Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad