Disposed

Parmar Chhayaben D/O Shri Ganpat Bhai Wife of Amit Bhai v. State of Rajasthan

Rajasthan HC30 May 2024CRLW/1151/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking directions for protection of life and liberty for two adults living in a live-in relationship. The Court held that regardless of the relationship's legality, the petitioners are entitled to protection under Article 21. The Court disposed of the petition with liberty to approach the Nodal Officer.

What did the court decide?

Petition disposed of with liberty to approach the Nodal Officer for protection; authorities directed to ensure peaceful life and liberty.

Parmar Chhayaben D/O Shri Ganpat… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:25964]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 1151/2024

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Parmar Chhayaben D/o Shri Ganpat Bhai Wife Of Amit Bhai, Aged About 31 Years, Resident Of Dhumaad Chaukdi, Sama Benali Gaon, District Vadodara, (Gujrat) At Present Resident Of Village Inayati, Police Station Sapotra, District Karauli (Raj).

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Ankush Kumar S/o Shri Naresh Kumar, Aged About 27 Years, Resident Of Village Iniyati, Police Station Sapotara, District Karauli (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, Karauli, Rajasthan.

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SHO, Police Station Sapotara, District Karauli, Rajasthan.

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Amit Bhai S/o Gopal Bhai, Resident Of Gotri, Tehsil And District Vadodara, (Gujrat).

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Ganpat Bhai S/o Magan Bhai, Resident Of Dhumaad Chaukdi, Sama Bemali Gaon, District Vadodara, (Gujrat).

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Beena Ben W/o Ganpat Bhai, Resident Of Dhumaad Chaukdi, Sama Bemali Gaon, District Vadodara, (Gujrat).

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Praveen Bhai S/o Punjha Bhai, Resident Of Village Karchiya, District Vadodara (Gujrat).

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Sandeep Bhai S/o Praveen Bhai, Resident Of Village Karchiya, District Vadodara (Gujrat).

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Jignesh Bhai S/o Ganpat Bhai, Resident Of Sama Vaimali, District Vadodara (Gujrat).

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----Respondents

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For Petitioner(s) : Ms. Swati Sharma For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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30/05/2024

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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.

[CRLW-1151/2024]

[2024:RJ-JP:25964]

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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 22.04.2024. It has been submitted that petitioner No.1-Parmar Chhayaben wife of respondent No.6-Amit Bhai, in order to live happily and peacefully with the petitioner No.2-Ankush Kumar, 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 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,

[2024:RJ-JP:25964]

[CRLW-1151/2024]

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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.

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However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter.

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Stay application and other pending application(s), if any stand disposed of.

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(SUDESH BANSAL), J

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NITIN /76

Parmar Chhayaben D/O Shri Ganpat Bhai Wife of Amit Bhai v. State of Rajasthan

Case brief

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Parmar Chhayaben D/O Shri Ganpat Bhai Wife of Amit Bhai v. State of Rajasthan

Case brief

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