Police Protection in Marriage and Live-in Relationship – High Court Writ Petition

Introduction

In India, every adult has the fundamental right to choose their partner and live with them, whether through marriage or live-in relationship. However, many couples face threats, harassment, or opposition from family and society. To ensure their safety, they can approach the High Court by filing a Criminal Writ Petition under Article 226 of the Constitution of India for police protection.

Police Protection in Marriage

When two adults marry—especially in inter-caste or inter-religion marriages—they may face serious opposition. In such cases, the couple can:

  • File a Criminal Writ Petition before the High Court.
  • Seek directions to police authorities to provide protection from family or outsiders.
  • Rely on Supreme Court and High Court judgments that uphold the right of adults to marry as per their choice (Article 21 – Right to Life and Personal Liberty).

Police Protection in Live-in Relationships

Live-in relationships are also protected under law. The Supreme Court has recognized that two consenting adults have the right to live together, even without marriage.

  • Couples in live-in relationships can also seek High Court protection if they face threats.
  • Courts have repeatedly held that such couples cannot be harassed merely because society disapproves of their choice.

How to Get Police Protection from the High Court

  1. Draft & File Criminal Writ Petition under Article 226.
  2. Mention facts of threats or danger to life and liberty.
  3. Attach marriage certificate (if married) or affidavits (if in live-in relationship).
  4. High Court may issue directions to Superintendent of Police/ SHO for immediate protection.

Benefits of Police Protection Orders

  • Ensures safety of the couple from harassment.
  • Protects fundamental rights under Articles 21 & 19.
  • Helps couples live freely without interference.
  • Strengthens the legality of marriage or live-in arrangements.

Conclusion

Both married couples and those in live-in relationships have the legal right to seek police protection from the High Court. If you are facing threats, a Criminal Writ Petition before the High Court can provide you security and safeguard your fundamental rights. Consulting an experienced criminal and family lawyer will help you draft and file the petition effectively.

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