Individuals have the right to marry whosoever they like, and police authorities are obligated to provide protection to couples undergoing inter-caste or inter-religious marriage, as per the provisions of the Special Marriage Act, 1954.

1. This writ petition has been filed by the petitioners-Abhishek Dwivedi and Sunita Devi, seeking direction to the police authorities to provide protection to them and the family of the petitioner No.1.

2. The petitioners being major, alleged to have fallen in love and submitted an application before the Marriage Registration Officer, Sriganganagar for solemnizing their marriage as per the provisions contained in Special Marriage Act, 1954. It is submitted that having come to know about the submission of the application by the petitioners as aforesaid for solemnizing their marriage, the respondent No.5-father of the petitioner No.2 along with other unsocial persons are bent upon to harm and harass the petitioners & family members of the petitioner No.1 and are threatening of dire consequences. Thus, the petitioners are under constant threat of violence of their relatives.

3. In the matter of 'Lata Singh vs. State of U.P.' reported in 2006 Cr.L.J. 3312, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, the Hon'ble Supreme Court have issued directions to the Administration /Police Authorities throughout the country in the following terms:-

“This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harass or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.”

4. It is to be noticed that the petitioners have already made a representation to the District Superintendent of Police, Sriganganagar for redressal of their grievance and necessary protection against the alleged threatening and harassment. In view of the directions issued by the Hon'ble Supreme Court in Lata Singh's case (supra), the police authorities are under an obligation to take the appropriate actions against the persons who threat or harass or commit act of violence. There is no reason to believe that the grievances of the petitioners shall not be looked into by the authorities concerned seriously.

5. No case for interference by this Court is made out at this stage.

6. The writ petition is therefore, disposed of with the observations as above.