Rashika Khandal vs State of Rajasthan - 2021 Supreme(Raj) 1199

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1199

IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PANKAJ BHANDARI, J.
Rashika Khandal and Ors. – Appellants
Versus
State of Rajasthan and Ors. – Respondents
S.B. Criminal Miscellaneous (Petition) No. 3023 of 2021
Decided On : 07-05-2021

Advocates:
Advocate Appeared:
For the Appellant : Subhash Sharma
For the Respondents: Mangal Singh Saini, PP

Headnote:
Criminal Procedure Code, 1973 – Seeking a specific relief – Petitioners have preferred this Criminal Miscellaneous Petition seeking protection of life and liberty – Held, Prerequisites for a live-in-relationship as held is that 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 – Petition dismissed.

ORDER :

Pankaj Bhandari, J.

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 prerequisites 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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