How Can A Couple Get Protection Against False Allegations?

Article 21 of the Constitution of India enshrines the right to life and personal liberty for every citizen in India. The Supreme Court and High Court have also opined and given judgment in favor of providing protection to couples who have got married in a non-traditional way such as court marriage. This article throws light on the need for couple protection which describes the challenges faced by the couple after getting married. False allegations such as rape and kidnapping are made against the partners of the couple. Further, the article talks about the process of getting protection from a lawful authority which is the police. A couple can always first visit the police station and file a complaint against the harassment. The role played by the High Court in granting the order of protection has also been discussed in the article.

Protection which couples seek generally, after marriage against any violent behavior or any false allegations from society or any private individual is known as couple protection.

The decisions of the Court help in developing the jurisprudence of life as well as liberty protection for these couples. Many couples due to disagreement or disapproval from their parents, society, caste, religion are forced to get married in a non-traditional way. However, they are often harassed with false allegations from their parents, near relatives, or even society.

The High Court has also started to acknowledge and adapt to couples who are not married but staying together or willing to stay together. This gesture of the Court depicts the Court’s effort in adapting as well as acknowledging the change in the social scene where the scope and application of Article 21 are widened in every sphere of life. This has led to the extension of protection to the couples by the Supreme Court as well as High Court and further laid down provisions concerning their life and liberty.

However, the High Court plays no role in validating the legality of court marriages as the process of registering occurs before the Registrar of Marriages, unless it is contested by either partner. The High Court does protect the individual’s constitutional rights by providing protection to the couple.

Couples who are not married or are in a live-in relationship as well as couples who have performed court marriage generally need protection. In order to seek protection from the High Court in any state, the court marriage must have been performed duly with proper documentation. Most of the couples are harassed when they get married in court without proper documentation or get married in Arya Samaj or Notary as later they face challenges and allegations against them.

Therefore, if a couple is having a court marriage they must take care of certain things before getting married such as the age of the partners. In India according to the statutory provisions, the minimum age for getting married for both a man and a woman is 21 years. Often couples are victims of fraud while seeking protection from third parties instead of taking help from lawful authorities. The couple must have performed marriage in the proper procedure along with documentation which will be helpful for the couple to seek protection.

Every couple or partner has the right to seek protection from any kind of allegations of violation against them. One can move to the nearest police station to seek the protection of the police against any individual or authority harassing the couple or any of the partners of the couple.

They can also move to the Senior Superintendent or Commissioner of Police to raise their issue and request them to provide protection. Other than these authorities, the couple can directly move to the High Court of the jurisdiction to seek protection from any third party. The High Court issues an order to the police officer in the jurisdiction where the couple is staying to provide protection to the couple. The legality of the marriage must be present to seek protection from the Court. Moving to the High Court for seeking protection should be sought as the last remedy.

Generally, couples who have love marriages and get married in court, do not inform their family members or police officers. The reason behind this gesture is the disagreement of parents of relatives regarding the marriage. There are various reasons for opposing a couple’s marriage such as differences in caste, religion or status of living, and any other rivalry.

Consequently, it leads to false charges against the couples. The police officer can also interfere and harass the couple on the basis of such a complaint. There are two ways to avoid such difficulties. Firstly, one can send a notice which implies an intimation letter. After the marriage has been registered the letter is drafted and sent to the police station, home or Office of the Superintendent, Female officer, even the Chief Minister, and other administrative authorities. Along with the intimation letter, the marriage certificate is also attached and sent through a registered post. By sending this intimation letter, no false allegations such rape, kidnapping, etc. can be made against the couple by anyone. On registration of marriage of the couple, a publication in Lead India newspaper can also be made as a notice to the public of the marriage.

Lead India newspaper is registered under the office of Registrar of Newspapers for India, Government of India. On sending of notice from the Court to the police to provide protection, pressure is created upon the police officers and they are bound to abide by the orders of the Court.

The notice of intimation letter along with newspaper publication (the newspaper must be a national newspaper) serve as evidence of marriage along with the documents such as marriage certification and registration of marriage documents.

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