Disposed

Ashwini Pravin Bhosale D/O Sambhaji Baji More, v. State of Rajasthan

Rajasthan HC24 May 2024CRLW/1099/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan tested whether two adults in a live-in relationship seeking protection from threats by family members are entitled to life and liberty safeguards under Article 21, without adjudicating the legality of their relationship.

What did the court decide?

Petition disposed of with liberty to approach the concerned Nodal Officer for ventilation of grievances regarding life and liberty protection.

Ashwini Pravin Bhosale D/O Sambhaji Baji… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:24822]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 1099/2024

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Ashwini Pravin Bhosale D/o Sambhaji Baji More, Aged About 24 Years, R/o Agran Dhulgaon, District Sangali, Maharashtra, Presently Residing At Plot No. A/21/06, Chinav Apartment Sector-28, Pratap Nagar, Jaipur (Rajasthan).

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Vijay Kumar Ashok Bhatmare S/o Shri Ashok Bhatmare, Aged About 27 Years, R/o Kakamari, Tehsil Athani, District Belgaon, Karnataka, Presently Residing At A/21/06, Chinav Apartment, Sector 28, Pratap Nagar, Jaipur.

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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The Director General Of Police, Rajasthan, Jaipur.

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The Superintendent Of Police, Chamba, Himachal Pradesh.

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The Sho, Police Station Banikhet, Himachal Pradesh.

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The Sho, Police Station Aigali, Karnataka.

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The Superintendent Of Police, Belgaon, Karnataka.

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The Commissioner Of Police, Police Commissionerate, Govt. Hostel, M.i. Road, Jaipur.

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The SHO, Police Station Pratap Nagar, Jaipur.

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Pravin Bhimrao Bhosale S/o Bhimrao Krishna Bhosale, R/o Bathri, Tehsil Dalhousie, District Chamba, Himachal Pradesh.

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Vishal Bhimrao Bhosale S/o Bhimrao Krishna Bhosale, Residing At Agran Bhulgaon, Tehsil Kavathe Mahankal, District Sangali, Maharashtra.

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Prachin Bhimrao Bhosale S/o Bhimrao Krishna Bhosale, Residing At Agran Bhulgaon, Tehsil Kavathe Mahankal, District Sangali, Maharashtra.

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Sagar Sambhaji More S/o Sambhaji Baji More, Residing At Narsinhgaon, Tehsil Kavathe Mahankal, District Sangoli, Maharashtra.

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Akash Sambhaji More S/o Sambhaji Baji More, Residing At Narsinhgaon, Tehsil Kavathe Mahankal, District Sangoli, Maharashtra.

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----Respondents

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For Petitioner(s)	: Mr. Suresh Kumar,
	Mr. Subash Chand Singharia
	Ms. Usha Choudhary
For Respondent(s)	: Mr. Babu Lal Nasuna, PP

(2 of 4)

[2024:RJ-JP:24822]

[CRLW-1099/2024]

HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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24/05/2024

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Petitioners have preferred instant petition for issuance of necessary directions to official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat of their life and liberty at the hands of private respondents.

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Counsel for petitioners submits that both petitioners are stated to be major and living together in live-in relationship voluntarily under terms and conditions of agreement dated 17.05.2024. It has been submitted that petitioner No.1-Ashwini Pravin Bhosale wife of respondent No.9-Pravin Bhimrao Bhosale, in order to live happily and peacefully with the petitioner No.2Vijayakumar Ashok Batamore, are seeking protection of their life and liberty qua private respondents, who are not happy with the live-in relationship of petitioners.

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Pursuant to the judgment of the Apex Court in case of Navtej Singh Johar V. Union of India [(2018)10 SCC 1 ] and of this court in Bajrang Lal Sharma v. State of Rajasthan, SB Cr. Miscellaneous Petition No.2/2019 decided on 4-1-2019 , the State Government through Director General of Police issued a Circular dated 18-1-2019 and appointed Nodel Officer at every Police Station in the state of Rajasthan for ventilation of grievances of newly married couple, including for adequate protection. Life and liberty is fundamental right of every citizen

(3 of 4)

[2024:RJ-JP:24822]

[CRLW-1099/2024]

being part of Article 21 of the Constitution of India, petitioners deserve protection of their life and liberty in accordance with law. 4. Similar to the married couple, petitioners, who are major and willingly living in relationship, without entering into marriage, also cannot be denied protection of their life and liberty since it is fundamental right of every citizen being part of Article 21 of the Constitution of India as has been observed by this Apex Court in case of S.Khushboo v. Kanniammal [(2010)5 SCC 600 ] and Joseph Shine v. Union of India [(2019)3 SCC 39 ]. Thus, petitioners deserve protection of their life and liberty in accordance with law.

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In view of above, however, this Court in exercise of its writ jurisdiction is not inclined to enter into examining the validity of marriage/ legality of relationship of parties, therefore does not render any affirmation of legality and validity of the status of parties under which they are living together, but keeping in mind the proposition of law set forth by the Apex Court in catena of judgments and in order to protect fundamental rights of parties for their life and liberty, guaranteed under the Constitution, this petition is disposed of with liberty to petitioners to approach the concerned Nodal Officer for ventilation of their grievances.

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In case petitioners move any application, it is expected from the concerned Nodal Officer to take necessary action for not allowing to illegally hinder in peaceful life and liberty of petitioners by private respondents, who are not agreeable to the relationship of petitioners, but after verifying the fact, if required.

(4 of 4)

[2024:RJ-JP:24822]

[CRLW-1099/2024]

However, it is made clear that this order will not affect the

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civil/ criminal proceedings, if any, in the present matter.

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Stay application and other pending application(s), if any

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stand disposed of.

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(SUDESH BANSAL), J

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NITIN /3

Ashwini Pravin Bhosale D/O Sambhaji Baji More, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashwini Pravin Bhosale D/O Sambhaji Baji More, v. State of Rajasthan

Case brief

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What did the court decide?

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