The court dismissed a frivolous petition regarding a live-in relationship, emphasizing the absence of illegal confinement and the need to discourage repetitive claims.

ORDER :

(A.Y. KOGJE, J.) 

1. Present petition is second petition, filed in quick succession. Earlier petition being Special Criminal Application No.2717 of 2025 was filed by the very petitioner for the same cause of action and this Court after having recorded wishes of the corpus, has disposed of the petition. Relevant paras of order dated 28-02-2025 passed in Special Criminal Application No.2717 of 2025 are reproduced herein :

“1. The present petition is filed by an individual, who claims to be in live-in relationship with respondent no.7. It appears that both, the petitioner is married and is already having two children, whereas respondent no.7 is married to respondent no.5 and is having one child out of the said wedlock. It is the claim of the petitioner that on the basis of live-in relationship, the petitioner and respondent no.7 were residing together. As a result of which, an FIR came to be filed by the father of respondent no.7 against the petitioner and respondent no.7 and both are on anticipatory bail in connection with the FIR filed for the offence under section 305(a) and 54 of the Bhartiya Nyay Sanhita. 

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3. At the joint request of learned advocate for the parties, the matter is taken up in the chamber.

4. The Court has interacted with the corpus, who is aged 30 years and has studied upto 7^th standard and quite independent in taking her own decisions. She has stated before the Court that she is not in any illegal confinement and she is willingly residing with her husband i.e. respondent no.5. As the corpus has declared before the Court that out of her own volition, she is residing with her husband i.e. respondent no.5.”

2. Again on the same ground, which the Court finds to be frivolous, the present petition is filed. It is pertinent to observe that the petitioner himself is married man with two children, whereas the corpus is also married lady with one child. Once again, present petition is filed on the basis of very live-in-relationship agreement of 23-09-2024, which was already referred to in our earlier order dated 28-02-2025.

3. On the basis of advance copy served upon the Police Inspector of East Police Station, Palanpur; respondent No.3 has brought the corpus; respondent No.7 before the Court.

4. Learned APP has placed on record report dated 19-03-2025 of Police Inspector of East Police Station, Palanpur. The said report is taken on record.

5. Learned Advocate Mr. J. V. Padhiyar has instruction to appear on behalf of the corpus.

6. At request of all, the matter is taken up in the chamber to interact with the corpus. The corpus has declared before the Court that she is residing with her father; Ishwarbhai and mother; Kamlaben at Railway Station, Deesa. The Court has inquired from the corpus about her freewill whether she has indicated that there are no restriction, while she is residing with her parents and she is able to move around freely without any instruction.

7. The Court therefore, does not find any case of any illegal confinement or detention against will of the corpus. The Statement thus recorded in Gujarati is made part of the record.

8. The corpus has also indicated that she would like to go in the company of the petitioner. As the Court finds that it is not case of any illegal confinement or detention, therefore, present frivolous petition is filed to get the stamp on illegitimate relationship between the petitioner and the corpus on the basis of live-in-relationship, which the Court is not obliged in view of the matrimonial relation of both the petitioner as well as the corpus and both the sides having children out of their respective wedlock.

9. In the opinion of the Court, present petition is frivolous petition and despite previous orders passed recently on 28-02-2025, present petition filed in a quick succession, is a practice required to be deprecated. Hence, petitioner is directed to pay Rs.5,000/- as cost with the Registry of this Court.

10. In view of the aforesaid, the petition is hereby dismiss