Rajasthan High Court - Jaipur
Anchi Kumari D/O Shri Mali Ram vs State Of Rajasthan on 4 November, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6602/2019
1. Anchi Kumari D/o Shri Mali Ram, Aged About 22 Years, By
Caste Gurjar, R/o Dhani Gatha Guwar, Village Deepwas,
Tehsil Neem Ka Thana, District Sikar, Rajasthan, Presently
R/o Bhageshwar, Tehsil Neem Ka Thana, District Sikar.
2. Krishan Kumar S/o Shri Leela, Aged About 35 Years, By
Caste Gurjar, R/o Bhageshwar, Tehsil Neem Ka Thana,
District Sikar.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, And Justice, Secretariat Rajasthan, Jaipur.
2. Superintendent Of Police, Sikar.
3. Station House Officer, Police Station Neem Ka Thana
Sadar, District Sikar.
4. Vikram S/o Banshi, R/o Vpo Dukhera, Tehsil Nangal
Chaudhary, District Mahendragarh, Harayana.
5. Sandeep S/o Pitram, R/o Vpo Dukhera, Tehsil Nangal
Chaudhary, District Mahendragarh, Harayana.
6. Rohitash S/o Banwari, R/o Vpo Dukhera, Tehsil Nangal
Chaudhary, District Mahendragarh, Harayana.
----Respondents
For Petitioner(s) : Mr. Rohit Khandelwal, Proxy Counsel For Respondent(s) : Mr. Siya Ram Sharma, Proxy Counsel HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 04/11/2019
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.1 is already married. A live-in-relationship between a married and (Downloaded on 08/11/2019 at 11:53:33 PM) (2 of 2) [CRLMP-6602/2019] unmarried person is not permissible. If Petitioner No.1 has any grievance against her husband, the proper recourse available to her is to file an application under the Domestic Violence Act.
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. However, Petitioner No.1 would be free to approach the appropriate Court under the Domestic Violence Act for protection of life and liberty.
6. Stay application stands disposed.
(PANKAJ BHANDARI),J AMIT KUMAR /176 (Downloaded on 08/11/2019 at 11:53:33 PM) Powered by TCPDF (www.tcpdf.org)