Rashika Khandal vs State Of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 718

PANKAJ BHANDARI
Rashika Khandal – Appellant
Versus
State Of Rajasthan – Respondent

Advocates appeared:
Mr. Subhash Sharma, for the Appellant; Mr. Mangal Singh Saini, PP, for the Respondent.

JUDGMENT

1. Petitioners have preferred this Criminal Miscellaneous Petition seeking protection of life and liberty.

2. From perusal of the record, it is revealed that Petitioner No.2 is already married. A live-in-relationship between a married and unmarried person is not permissible.

3. The pre-requities for a live-in-relationship as held by the Apex Court in "D.Velusamy vs. D. Patchaiammal (2010) 10 SCC 469" is that the couple must hold themselves out to society as being akin to spouses and must be of legal age to marry or qualified to enter into a legal marriage, including being unmarried.

4. Criminal Miscellaneous Petition is accordingly dismissed.

5. Stay application stands disposed.

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