IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Nikita D/o Shri Murarilal – Appellant
Versus
State of Rajasthan – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The court emphasized the fundamental right to life and personal liberty under Article 21 of the Constitution, affirming that this right protects individuals in live-in relationships against threats from family members, regardless of their age or marriage eligibility [judgement_subject] (!) (!) (!) (!) (!) (!) .
The right to choose a partner and live together is recognized as a fundamental right, and such relationships are not illegal. The court underscored that living together without marriage, even if one party is below the legal marriageable age, is protected under constitutional rights [judgement_subject] (!) (!) (!) (!) .
The case involved adults who wished to live together in a romantic relationship but faced threats and opposition from their families. They sought protection from the authorities, which the court directed to verify threats and provide necessary protection [facts] (!) (!) .
The legal framework stipulates minimum ages for marriage, but the court clarified that the right to live together in a consensual relationship is separate from the validity of marriage. Even if one party is below the prescribed age for marriage, their right to live in a relationship remains protected (!) (!) (!) (!) (!) .
The court highlighted that protection under Article 21 extends to individuals in live-in relationships, regardless of the legal status of their relationship or marriage eligibility, emphasizing the importance of safeguarding personal liberty and life (!) (!) (!) (!) .
The court directed authorities to verify threats and ensure protection for the petitioners, reiterating the obligation of the state to uphold citizens' rights to life and liberty (!) .
The court clarified that the observations made in the order are solely for the purpose of disposing of the case and do not impact any ongoing criminal or civil proceedings against the petitioners (!) .
These points encapsulate the court's stance on protecting the rights of individuals in live-in relationships, emphasizing constitutional protections and the importance of safeguarding personal liberty irrespective of age or marital status.
ORDER :
1. The instant criminal writ petition has been preferred by the petitioners with the following prayer:-
“It is therefore humbly prayed that this Hon'ble Court may kindly be pleased to accept and allow this cri. Writ petition and by exercising the power conferred section 226 Cr.P.C. to secure the ends of justice pass the order or directions to the respondents to provided the protection to the petitioners to their life and liberty and further respondent no. 1 to 3 be directed to give the protection to the petitioners from respondent no 4 for their life and liberty.
The respondent no. 4 directed not to interfere in any manner in the life of petitioners and further he directed not to create any problem in any manner in their life and may not cause any type of injury to the petitioners and stop threatening them.”
2. By way of filing this criminal writ petition, a prayer has been made for issuing directions to the respondents to provide protection to the petitioners from the private respondents.
3. Learned counsel for the petitioners submits that both petitioners are adults and want to perform marriage with each other, but the petitioner No.2 has not attained the age of eligibility fo
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 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 life and liberty is fundamental and must be protected, regardless of marital status or age, especially for individuals in live-in relationships.
Live-in relationships are legally recognized, and individuals have the right to choose partners, protected under Articles 19 and 21 of the Constitution.
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