Smt. Radhika and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Radhika and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; no case was found for the Court's indulgence on the prayer made and the writ petition was disposed of without ordering police protection or any mandamus direction.

Issue for consideration

Whether the respondents should be directed, by way of mandamus, not to interfere with the petitioners' peaceful marital life (including whether police protection should be ordered for them). +1 more

Ratio / Principle

Upon perusal of the pleadings, the Court found no serious threat perception to the petitioners and held there was no requirement to pass any order providing them police protection, in light of the Apex Court's judgment in Lata Singh (courts are not meant to provide protection to youths who have simply fled to marry according to their own wishes).

Key takeaways

There was no material or reason to conclude that the petitioners' life and liberty were at peril, nor even an iota of evidence that the private respondents (relatives of either of the petitioners) were likely to cause physical or mental assault to them.ratio¶9
In a deserving case the Court can provide security to the couple, but it cannot lend them the support they have sought; they have to learn to support each other and face the society.ratio¶10
If any person misbehaves or manhandles the petitioners, the Courts and police authorities are there to come to their rescue, but security cannot be claimed by them as a matter of course or right.

Detailed headnote1 paragraphs

Police protection / non-interference with married couple — Mandamus sought to restrain respondents from interfering with the petitioners' peaceful marital life. Perusing the pleadings, the Court found no serious threat perception and no material to conclude the petitioners' life and liberty were at peril, with 'not even an iota of evidence' that the private respondents (relatives of either petitioner) were likely to cause physical or mental assault. Relying on Lata Singh Vs. State of U.P. & Anr. (AIR 2006 SC 2522), wherein the Apex Court held that courts are not meant to provide protection to youths who have simply fled to marry according to their own wishes, the Court held no order for police protection was required. In a deserving case the Court may provide security to a couple but cannot lend them the support sought; couples cannot claim security as a matter of course or right, though courts and police will come to their rescue if any person misbehaves or manhandles them. Noting the petitioners' pending representation before the Superintendent of Police, Moradabad (the concerned police to act if a real threat perception is found) and the absence of any averment regarding recourse under Section 175(3) of BNSS for lodging an FIR, the writ petition was disposed of (18.3.2025, Saurabh Srivastava, J.).

Neutral Citation No. - 2025:AHC:38903

Court No. - 74

Case :- WRIT - C No. - 7699 of 2025

Petitioner :- Smt. Radhika And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar 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, Moradabad 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 :- 18.3.2025 Vivek Kr.

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad