Dismissed

Beena Golada D/O Shri Shankar Lal Golada, v. State of Rajasthan

Rajasthan HC1 Sept 2023CRLW/1884/2023

Case brief

AI extract

What is this about?

This order dismissed a criminal miscellaneous petition seeking protection of life and liberty. The court held that a live-in relationship between a married and unmarried person is impermissible and liable to be set aside, relying on the Apex Court's definition of valid live-in relationships.

What did the court decide?

Criminal miscellaneous petition dismissed; stay application disposed.

Beena Golada D/O Shri Shankar Lal Golada… — Civil Procedure and Limitation | Rajasthan HC (2023)

¶1

[2023:RJ-JP:20366]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Writ Petition No. 1884/2023

¶4

Beena Golada D/o Shri Shankar Lal Golada, Aged About 25 Years, R/o Golada Ki Dhani, Sarang Ka Vas, Mundota, Kalwar, Jaipur.

¶5

Jitendra Das Swami S/o Shri Om Prakash Swami, Aged About 26 Years, R/o Village And Post Bhaislana, Jaipur.

¶6

----Petitioners

¶7

Versus

¶8

State Of Rajasthan, Through Secretary, Department Of Home Affairs, And Justice, Secretariat Rajasthan, Jaipur.

¶9

Commissioner Of Police, Jaipur.

¶10

Station House Officer Police Station Jhotwara, Jaipur.

¶11

Jitendra Kumar Choudhary S/o Ramesh Gora, R/o Village Jaichandpura, Post Nimeda, District Jaipur, Rajasthan.

¶12

----Respondents

¶13

For Petitioner(s)	: Mr. Jitendra Das Swami
	(Petitioner) Present in Person
	Ms. Beena Golada (Petitioner) Present in Person
For	: Mr. Bhawani Shankar Sharma,
Respondent(s)	PP

¶14

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

01/09/2023

[2023:RJ-JP:20366]

(2 of 2) [CRLW-1884/2023]

¶19

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

¶20

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.

¶21

The pre-requities for a live-in-relationship as held by the Apex Court in “D.Velusamy vs. D. Patchaiammal (2010) 10SCC 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.

¶22

Considering all the factual position, this petition is liable to be dismissed. Hence, the criminal miscellaneous petition is accordingly dismissed.

¶23

Stay application stands disposed.

¶24

(UMA SHANKER VYAS),J

¶25

GAURAV SHARMA /610

Beena Golada D/O Shri Shankar Lal Golada, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Beena Golada D/O Shri Shankar Lal Golada, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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