Court marriages in India, solemnized under the Special Marriage Act 1954, empower individuals from different religions or castes to marry without religious conversion. Although fully legal, such unions often trigger social backlash, especially in conservative or rural areas. In these situations, couples may fear for their safety and seek legal protection.
This article explains the complete legal process for obtaining police protection after a court marriage in India, including constitutional rights, procedures, real judgments, and safeguards against threats.
Your Right to Marry: What the Law Says?
Marriage is not just an emotional bond; it is a legal and constitutional right. Under Article 21 of the Constitution, every adult in India has the right to life and liberty, which includes the right to marry a person of their choice.
Need A Legal Advice
The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue
Judgments That Have Protected Love
- Lata Singh v. State of U.P. (2006): The Court ordered police to protect inter-caste couples.
- Shakti Vahini v. Union of India (2018): Condemned honor killings and urged proactive police protection.
- Hadiya Case (2018): Reaffirmed that adult women have full freedom to choose their life partner.
“Our families threatened us, but the court gave us the courage to stand tall.”
What Happens After Court Marriage? Common Fears Couples Face
You’ve completed the legal steps, but now reality hits.
- “My father filed a kidnapping case against my husband.”
- “My uncles threatened to kill us if we don’t separate.”
- “My relatives are following us; we are scared to step out.”
These are not rare. Many couples face:
- Honor-based violence
- False FIRs under kidnapping or rape charges
- Emotional harassment
- Physical threats or confinement
How We Got Help: A Step-by-Step Guide to Police Protection?
Here’s how couples like us navigated the system and secured our safety.
Step 1: Register Your Marriage Properly
Under the Special Marriage Act, 1954:
- Submit a notice to the Marriage Officer
- Wait 30 days for objections
- Get married and collect your Marriage Certificate
- This document is your legal shield.
Step 2: File for Police Protection
- Go to your nearest police station with:
- Marriage certificate
- ID cards (Aadhar, PAN)
- Photos of marriage
- Screenshots or messages of threats
- A written application detailing the threats
Inform the Superintendent of police (SP) if the cops are not helpful.
“When the local police refused, we directly approached the SP and got immediate help.”
Step 3: High Court Petition (When Police Fail)
If police inaction continues or the threat is severe:
- File a writ petition under Article 226 in your High Court
- Request:
- Police protection
- Restraining orders
- Action against harassers or negligent police
What We Included in Our Petition?
- Names, ages, addresses of both partners
- Copy of marriage certificate
- Proof of threats
- Prayer for police protection
- Request for stay on any false FIRs
Format tip: Also refer to Section 482 CrPC/Section 528 BNSS if a false case is registered.
Police and Administration: What They Are Legally Bound to Do?
Once directed by the court:
- Police must act without delay
- SHO can assign officers or arrange a safe house
- They must prevent any interference or threats
If they still hesitate, you can file a complaint with NHRC or Women’s Commissions.
“After the court order, the SHO personally called and arranged 24-hour protection for us.”
Real Cases That Reflect Our Story
- Sachin v. State of Haryana (2020): The court protected an inter-caste couple and warned police against yielding to social pressure.
- Rajni Kumari v. State of Bihar (2022): Patna High Court ordered SP to ensure full safety after family threats.
- Manju Devi v. State of Rajasthan (2023): Court awarded compensation when the police failed to prevent an attack on a couple.
What If They File a False FIR Against You?
“My wife’s family filed a kidnapping FIR against me, though we were legally married.” It’s common for families to misuse laws to separate couples.
Legal Solution
- File a petition to quash the FIR under Section 482 CrPC/Section 528 BNSS
- Attach:
- Marriage certificate
- Consent affidavit from your spouse
Case Law: Gian Devi v. Superintendent, Nari Niketan (1976): It decided that family disapproval cannot limit a major girl.
Legal Provisions That Empower You
- Article 21: Right to life and liberty, includes choice of marriage
- Article 19: Right to move and reside freely
- Article 226: The authority of the High Court to grant protective orders
- Section 151 CrPC/Section 170 BNSS: Preventive action by police
- Section 107 & 116 CrPC/Section 126 & 135 BNSS: Police action against breach of peace
What We Did to Stay Safe: Practical Tips
- Moved temporarily to a different location
- Didn’t post marriage photos on social media
- Kept all documents scanned and stored online
- Shared our location only with a trusted lawyer
- Saved contact numbers of Women Helpline: 181
- NHRC
- Local Advocate
- State Women’s Commission
Conclusion: Your Love Is Legal, Protect It with the Law
- No one should live in fear for choosing their life partner. You have every legal right to marry, live safely, and seek protection from threats.
- Courts are on your side, but action begins with you. File that application, reach out to the right authorities, and don’t let fear stop you from getting your rights.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. How long does it take to get police protection after filing a High Court petition?
If the matter is urgent and the threat is credible, the High Court may hear the writ petition within 1-3 working days and issue immediate directions.
2. Can I seek police protection even if my marriage was registered in a different state?
Yes, you can file for protection in the state where you currently reside or where the threat exists, regardless of where the marriage was registered.
3. What should I do if police officers themselves are biased or refusing to help?
Complain to the State Human Rights Commission, the Superintendent of Police, or take your case all the way to the High Court by filing a writ petition.
Talk to a Lawyer