Protection Petition for Couples

When a protection petition is filed

• Both partners must be adults. The courts protect the right of adults to choose a partner as part of the right to life and personal liberty under Article 21.
• The petition is usually a writ petition under Article 226 before the High Court that has jurisdiction where the couple lives or where the threat arises.
• There should be a real apprehension of harm, such as threats by family members, relatives or local groups, and not only disapproval of the relationship.
• Married couples and, in many cases, adults in a consensual live-in relationship have been granted protection, depending on the facts and the High Court.
• If either partner is below 18, the matter is very different and the court may not grant the relief sought. Age proof is checked closely.
• Courts expect full and honest disclosure, including any police complaint or FIR already filed by the family, so that the court sees the whole picture.

What affects the total cost

• High Court court fee for a writ petition is small, but certified copies, typing, affidavits and filing charges add to it.
• The independent advocate's professional fee is agreed directly and depends on the urgency and the court. Mara Vakil does not set or display it.
• An urgent mentioning or listing may need extra preparation and travel to the court on short notice.
• If an FIR has been registered against one partner, a separate petition for quashing or bail may be needed, which is a separate cost.
• Travel and stay for the couple if they have to appear in person or stay away from home for safety.

How long it takes

Once the couple shares the facts and documents, the petition and supporting affidavits can be drafted quickly, often within a day or two. Urgent matters can be mentioned for early listing, and many High Courts hear such petitions within days. At the first hearing the court usually directs the police to assess the threat and take steps to protect the couple, and may ask for a status report. Delays come from missing age proof, unclear facts about threats, court holidays, or the need to also deal with an FIR filed by the family.

Common mistakes to avoid

• Waiting until violence has already happened instead of approaching the police and court when threats first start.
• Hiding an existing FIR or complaint by the family. The court may refuse relief if material facts are concealed.
• Filing with uncertain or mismatched age documents, which can turn the case against the couple.
• Exaggerating or inventing threats. Courts look at the facts and false statements damage credibility.
• Losing screenshots, call records or messages that show the threats. Save them with dates before blocking numbers.

What you get at the end

The court may pass an order directing the police, usually the SHO or a senior officer of the area, to assess the threat and protect the couple's life and liberty. You receive a copy of the order, which you should keep with you and show to the local police station. The order generally does not decide the validity of the marriage or any criminal case; those are separate matters.

In Delhi NCR

• For couples living in Delhi, the petition is filed before the Delhi High Court, which has passed several orders protecting couples who marry by choice.
• Couples in Gurugram or Faridabad approach the Punjab and Haryana High Court at Chandigarh, and couples in Noida or Ghaziabad approach the Allahabad High Court.
• Following Supreme Court directions in Shakti Vahini v. Union of India (2018), states were asked to set up safe houses and special cells for threatened couples. In Delhi the police decide on such arrangements case by case.
• Couples can also give a written representation to the SHO and the DCP of the area at once. A copy of this is useful to attach to the petition.
• For couples outside Delhi NCR, the team can guide you online on the documents and the local procedure where possible, and the matter goes to the High Court of their own state.