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A Live-in-relationship Between a Married and anUnmarried Person is Not Permissible: Rajasthan High Court

Team SoOLEGAL 11 Jun 2021 4:14pm

A Live-in-relationship Between a Married and anUnmarried Person is Not Permissible: Rajasthan High Court

The Rajasthan High Court has stated that a married and an unmarried individual cannot be in a live-in relationship, in the caseRashikaKhandal v. The State of Rajasthan, S.B. Criminal Miscellaneous (Petition) No. 3023/2021. The court stated this while hearing a plea of the petitioners who sought the protection of life and liberty under Article 21 of the Indian Constitution.

The Petitioner no. 2 is already married, and such protection cannot be extended to the pair when one of them is married, according to a single-judge panel Justice Pankaj Bhandari. Therefore, petition was dismissed by the court referring to the case,D Velusamy v. D Patchaiammal, (2010) 10 SCC 469, "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."

In another case Ajay Kumar Berwa v. State of Rajasthan, S.B. Criminal Miscellaneous (Petition) No. 3366/2021 the Rajasthan High Court ordered police protection for a couple in a live-in relationship and said that, “it is a well-established legal position, as articulated by the Hon'ble Supreme Court of India that personal life and liberty must be protected, except as provided by law as mandated under Article 21 of the Indian Constitution, irrespective of whether the relationship between two major individuals is immoral and unsocial.”

The court also noted that, every police officer has a duty to defend the lives and liberty of the citizens under section 29 of the Rajasthan Police Act, 2007.



Tagged: Rajasthan High Court   Live-in-relationship   Criminal cases   Indian Constitution   Article 21   Rajasthan Police Act   Supreme Court   High court  
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