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2021 Supreme(Raj) 718
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Pankaj Bhandari, J.
Rashika Khandal & Ors. - Appellants
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 3023/2021
Decided on : 07-05-2021
Important Points
Subject
Family Law - Live-in-Relationships
Headnote
Live-in-Relationship - Permissibility - The court dismissed the Criminal Miscellaneous Petition seeking protection of life and liberty, stating that a live-in-relationship between a married and unmarried person is not permissible, as per the prerequisites outlined by the Apex Court in 'D.Velusamy vs. D. Patchaiammal (2010) 10 SCC 469'.
Fact of the Case:
Petitioners sought protection of life and liberty due to a live-in-relationship.
Finding of the Court:
The court dismissed the Criminal Miscellaneous Petition, citing the impermissibility of a live-in-relationship between a married and unmarried person.
Issues: Permissibility of live-in-relationship between a married and unmarried person.
Ratio Decidendi: The prerequisites for a live-in-relationship, as outlined by the Apex Court, were not met, leading to the dismissal of the petition.
Final Decision: Criminal Miscellaneous Petition was dismissed, and the stay application was disposed.
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.
