In recent years, High Courts across India—especially the Punjab & Haryana High Court—have witnessed a significant rise in protection petitions, commonly filed by runaway couples, inter-caste couples, inter-faith couples, or adults who marry against family wishes.

A protection petition serves as a constitutional remedy to ensure the life and liberty of individuals under Article 21 of the Constitution of India. Whenever a couple faces threats, harassment, honor-based violence, or fear of unlawful interference, the High Court has the power to safeguard them.

This article explains what a protection petition is, when and how it is filed, legal rights of consenting adults, and how courts deal with runaway couple matters.

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What Is a Protection Petition?

A protection petition is a writ petition (usually under Article 226) filed before the High Court seeking:

• Protection of life and liberty
• Prevention of harassment by private parties or police
• Direction to Superintendent of Police (SSP/SP) to provide security
• Non-interference with marriage/relationship

It is not a petition to validate the marriage itself, but to protect the individuals irrespective of marital status.

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Why Do Runaway Couples File Protection Petitions?

Most commonly, these petitions are filed by:

• Inter-caste couples
• Inter-faith couples
• Couples who performed love marriage without family consent
• Partners of same-gotra or same-village marriages (especially in rural areas)
• Couples fearing honor-based violence
• Adults in a live-in relationship

Such couples often face:

• Threats from parents or relatives
• Social and community pressure
• Attempts to forcibly separate them
• False criminal cases (kidnapping, abduction, rape allegations)
• Physical harm or unlawful confinement

Protection petitions ensure the authorities act promptly to prevent such threats.

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Legal Basis for Protection to Runaway Couples

High Courts rely on:

1. Article 21 – Right to Life and Liberty

State must protect life and ensure no harm is caused by anyone—including private individuals.

2. Article 19 – Freedom of Choice

Adults can choose their partner, residence, and lifestyle.

3. Supreme Court Judgments

• Lata Singh v. State of UP (2006)
  SC held that inter-caste adult marriages are lawful and police must protect couples.
• Shafin Jahan v. Asokan (2018)
  SC emphasised freedom to choose one’s partner as part of personal liberty.
• Shakti Vahini v. Union of India (2018)
  SC condemned honor killings and directed States to protect couples.

4. High Court Precedents

Punjab & Haryana High Court consistently protects consenting adults, even if families oppose.

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Are Runaway Couples Required to Be Married?

No.

Protection is granted even when:

• Marriage has not yet taken place
• Couple is in live-in relationship
• Marriage certificate is pending
• Relationship is outside marriage laws (but both are consenting adults)

Courts have repeatedly held that consenting adults are entitled to protection irrespective of societal norms.

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Common Documents Needed for a Protection Petition

• Aadhaar cards or identity proof
• Proof of age (to establish majority)
• Marriage certificate (if available)
• Photos of marriage or relationship (optional)
• Threat perception details
• Contact numbers of the couple
• FIR number (if any false case is filed)

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Procedure to File a Protection Petition in High Court

1. Drafting the Writ Petition

The petition is filed under Article 226 seeking protection of life and liberty.

2. Petitioner Statements

Petition must clearly state:

• Both partners are adults
• They have married or are in a consensual relationship
• Threats received
• Request for police protection

3. Notice to State

The High Court issues notice to:

• State Government
• Superintendent of Police / SSP
• SHO of the concerned police station

4. Directions by the Court

High Court typically directs:

• SSP to look into the representation
• Police to provide necessary protection
• No harassment by police or private individuals
• Consideration of the couple’s request within 24–48 hours

5. Police Response

Authorities often:

• Call the couple for verification
• Assess threat perception
• Deploy protection if required
• Issue warning to threatening parties

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False FIRs Against Runaway Couples

Families sometimes file FIRs alleging:

• Kidnapping (Section 363/366 IPC)
• Rape (Section 376 IPC)
• Abduction
• Wrongful restraint

High Courts closely examine such allegations. When the girl states she is an adult and went voluntarily, courts quash or protect the accused from arrest.

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Do Protection Orders Validate the Marriage?

No.
Protection petitions do not:

• Declare marriage valid
• Provide approval or recognition
• Replace mandatory registration requirements

They strictly deal with life and liberty, not legitimacy of marriage.

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Can the High Court Direct Safe House Accommodation?

Yes.
If the couple fears returning home, the Court may:

• Direct the District Administration to provide safe-house accommodation
• Ensure non-disclosure of location
• Facilitate basic facilities like food and security

Punjab, Haryana, and Chandigarh have dedicated safe houses for couples.

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Role of Advocate in Protection Matters

An advocate assists in:

• Drafting the protection petition
• Compiling documents proving age & consent
• Ensuring immediate listing
• Presenting threat perception
• Obtaining interim and final protection orders
• Advising on future steps like marriage registration, anticipatory bail, or quashing

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Why Protection Petitions Are Important

Protection petitions uphold:

• Right to choose one’s partner
• Freedom from coercion or honor-based violence
• Autonomy of consenting adults
• Rule of law against unlawful threats

They ensure that personal liberty is not sacrificed due to social pressure.

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Conclusion

Protection petitions are a vital legal remedy for security and survival of couples who choose to marry or live together against societal expectations. High Courts protect such individuals not based on social approval but on constitutional rights.
Runaway couples, inter-faith partners, and inter-caste couples can approach the court without fear, knowing that the law stands firmly on their side.