Dismissed

Monika D/O Shri Surendra Singh v. State of Rajasthan

Rajasthan HC13 Dec 2019CRLMP/4922/2019

Case brief

AI extract

What is this about?

The Court dismissed a criminal miscellaneous petition filed by Monika and Ramveer seeking protection of life and liberty through a live-in relationship claim, holding that since Monika is already married, the petition is barred as per the Co-ordinate Bench judgment in Anchi Kumari Vs. State of Rajasthan.

What did the court decide?

The miscellaneous petition is dismissed with liberty to approach the appropriate court under the Domestic Violence Act.

Monika D/O Shri Surendra Singh Vs State of Rajasthan — Domestic Violence | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4922/2019

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Monika D/o Shri Surendra Singh, Aged About 18 Years, R/o Village Post Kohrana, Tehsil Behror, Kohrana, District Alwar 301713, Raj.

¶4

Ramveer S/o Shri Babu Lal, Aged About 29 Years, R/o Beeghana, Alwar 301709, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Superintendent Of Police, Alwar, Raj.

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Station House Officer, Police Station Behror, District Alwar, Raj.

¶10

Surendra Singh S/o Shri Ramsingh, R/o Village Post Kohrana, Tehsil Behror, Kohrana, District Alwar 301713, Raj. (Father Of Petitioner No.1)

¶11

Kanwar Singh S/o Shri Ramsingh, R/o Village Post Kohrana, Tehsil Behror, Kohrana, District Alwar 301713, Raj. (Uncle(Tauji) Of Petitioner No.1)

¶12

Virendra Singh S/o Shri Ramsingh, R/o Village Post Kohrana, Tehsil Behror, Kohrana, District Alwar 301713, Raj. (Uncle Of Petitioner No.1)

¶13

Mandeep Yadav S/o Shri Satyaveer Singh, R/o Village Balroad, Selang, Dadri, Haryana (Brother Of Petitioner No.1).

¶14

Ajaypal S/o Shri Kanwar Singh, R/o Village Post Kohrana, Tehsil Behror, Kohrana, District Alwar 301713, Raj. (Brother Of Petitioner No.1).

¶15

----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Kuldeep Yadav

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: Mr. Vinay Pal Yadav Mr. Ramesh Choudhary, PP

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HON'BLE MR. JUSTICE INDERJEET SINGH Order

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13/12/2019

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Application for early listing is allowed.

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(2 of 2) [CRLMP-4922/2019]

¶23

Counsel for the petitioners admits that the petitioner No.2 has already married to another women.

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Learned Public Prosecutor as well as counsel appearing on behalf of respondent Nos.4 to 8 submits that the issue involved in this misc. petition has been considered by the Co-ordinate Bench of this Court in the matter of Anchi Kumari Vs. State of Rajasthan passed in S.B. Criminal Misc. Petition No.6602/2019 wherein it has

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been held as under:-

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“1. Petitioners have preferred this Criminal Miscellaneous Petition seeking protection of life and liberty.

¶27

From perusal of the record, it is revealed that Petitioner No.1 is already married. A live-inrelationship between a married and 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.

¶28

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.

¶29

Criminal Miscellaneous Petition is accordingly dismissed.

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However, Petitioner No.1 would be free to approach the appropriate Court under the Domestic Violence Act for protection of life and liberty.

¶31

Stay application stands disposed.”

¶32

In that view of the matter, since the petitioner No.2 is already married, therefore, the misc. petition is dismissed, in view of the judgment passed by Co-ordinate Bench of this Court in the matter of Anchi Kumari (supra).

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(INDERJEET SINGH),J

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Arun/34

Monika D/O Shri Surendra Singh v. State of Rajasthan

Case brief

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Monika D/O Shri Surendra Singh v. State of Rajasthan

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