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SHREE CHANDRASHEKHAR, MADAN GOPAL VYAS
Gorkha Ram S/o Likhmaram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Gorkha Ram son of Likhmaram aged about 24 years has filed this habeas corpus petition seeking a direction upon the State authorities for production of ‘X’ in the Court ‘X’ is aged about 32 years.
2. In this writ petition, the petitioner states that ‘X’ is a married woman and a divorce petition has been filed by her in the Family Court at Jodhpur (Metropolitan) on the ground of physical and mental cruelty. The petitioner has also described in the writ petition various acts of torture and harassment inflicted upon ‘X’ by her husband. The petitioner admits that ‘X’ is a major and further states that she had a live-in relationship with him. In support of this petition, the petitioner has produced a copy of live-in relationship agreement dated 2nd February 2024 which according to him has been executed by ‘X’ out of her free will.
3. The relevant paragraphs in the writ petition are reproduced herein-under:
The court ruled that the right to protection under Article 21 does not extend to relationships deemed illegal or immoral, emphasizing constitutional morality over societal norms.
Live-in relationships are legally recognized, and individuals have the right to choose partners, protected under Articles 19 and 21 of the Constitution.
Using any form of torture for extracting any kind of information would neither be 'right nor just nor fair' and, therefore, would be impermissible, being offensive to Article 21.
Live-in-relationships are recognized as part of the right to life and personal liberty under Article 21, but lack specific legal recognition, necessitating legislative action for protection.
The court ruled that a live-in relationship cannot be protected under law if one party is a minor at its inception and no application for conversion has been filed as mandated by the Uttar Pradesh Pr....
The right to life and personal liberty extends to individuals in live-in relationships, necessitating state protection against familial threats, irrespective of marriageability or societal norms.
The right to live together in an interfaith relationship is protected under Article 21 of the Constitution, guarding personal liberty against familial and societal coercion.
The court emphasized the fundamental right to life and liberty under Article 21, asserting protection for adults in a live-in relationship against familial threats, regardless of marriageable age.
The main legal point established in the judgment is that the protection of live-in-relationships must comply with the statutory provisions, including the requirement for conversion under the Uttar Pr....
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