Dismissed¶34

Krishna D/O Shri Radheyshyam, Wife of Harilal, v. State of Rajasthan

Rajasthan HC7 Apr 2026CRLW/70/2026

Case brief

AI extract

What is this about?

Live-in relationship protection writ dismissed; married petitioner + unmarried partner; Rashika Khandal (2021 SCC Online Raj. 4296) followed; D. Velusamy (2010) 10 SCC 469 relied on; entitlement to protection denied; Rajasthan High Court, Jaipur Bench; S.B. Criminal Writ Petition No. 70/2026 (CRLW-70/2026); Uma Shanker Vyas, J.; decided 07/04/2026.

What did the court decide?

In view of the law laid down by the Hon'ble Supreme Court (D. Velusamy) and the Rajasthan High Court (Rashika Khandal) — that a live-in-relationship between a married and an unmarried person is not permissible and such persons are not entitled to seek protection — the present writ petition seeking protection is liable to be dismissed. ¶34

Krishna D/O Shri Radheyshyam, Wife of Harilal, Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

¶1

[2026:RJ-JP:14383]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Writ Petition No. 70/2026

¶4

Krishna D/o Shri Radheyshyam, Wife of Harilal, Age About 29 Years, Resident of Village Devpura Talwas, Police Station Karwar, District Bundi (Rajasthan) At Present Resident of Village Donaycha, Tehsil and Police Station Malarna Dungar, District Sawai Madhopur (Raj.)

¶5

Lalaram Bairwa S/o Shri Manohar Lal Bairwa, Aged About 33 Years, Resident of Village Donaycha, Tehsil and Police Station Malarna Dungar, District Sawai Madhopur (Raj.)

¶6

----Petitioners

¶7

Versus

¶8

State of Rajasthan, Through P.P.

¶9

Superintendent of Police, Sawai Madhopir (Rajasthan)

¶10

S.H.O. Police Station Malarna Dungar, District Sawai Madhopir (Rajasthan)

¶11

Superintendent of Police, Bundi (Rajasthan)

¶12

S.H.O. Police Station Karwar, District Bundi (Rajasthan)

¶13

Manodri W/o Late Chiranji Lal, Resident of Near Sanganer Police Choki, Sanganer, Jaipur, Rajasthan.

¶14

Harilal S/o Gaindi Lal, Resident of Village Devpura, Police Station Karwar, District Bundi, Rajasthan.

¶15

----Respondents

¶16

For Petitioner(s) : Ms. Swati Sharma, Adv., for Mr. Girish Khandelwal, Adv. For Respondent(s) : Ms. Manju Dave, P.P.

¶17

HON'BLE MR. JUSTICE UMA SHANKER VYAS

¶18

Judgment / Order

¶19

07/04/2026

¶20

The defects pointed out by the Office are waived.

¶21

Heard learned counsel for the petitioners as well as the learned Public Prosecutor for the State.

[2026:RJ-JP:14383]

[CRLW-70/2026]

(2 of 3)

The instant writ petition has been preferred by the petitioners seeking protection of their life and personal liberty.

¶26

Upon perusal of the record, it transpires that petitioner No.1 is already married. The issue as to whether a live-in-relationship between a married and an unmarried person is legally permissible and whether such persons are entitled to protection, has already been considered by a Coordinate Bench of this Court in Rashika Khandal & Anr. Vs. State of Rajasthan & Ors., reported in 2021 SCC Online Raj. 4296 .

¶27

In the aforesaid judgment, while taking into consideration law laid down by the Hon’ble Supreme Court in D. Velusamy Vs. D. Patchaiammal (2010) 10 SCC 469 , it was held that such a relationship is not permissible and consequently, the petitioners are not entitled to seek protection. Relevant paras of the judgment in Rashika Khandal (supra) are reproduced hereinbelow:

¶28

“2. From perusal of the record, it is revealed that Petitioner No.2 is already married. A live-in-relationship between a married and unmarried person is not permissible.

¶29

3. 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.

¶30

4. Criminal Miscellaneous Petition is accordingly dismissed.”

[2026:RJ-JP:14383]

[CRLW-70/2026]

(3 of 3)

In view of law laid down in the aforesaid judgments of Hon'ble Supreme Court and the Rajasthan High Court, the present writ petition is liable to be dismissed. Consequently, the criminal writ petition is dismissed.

¶35

(UMA SHANKER VYAS),J

¶36

YOGESH KUMAR /279

Krishna D/O Shri Radheyshyam, Wife of Harilal, v. State of Rajasthan

Case brief

What is this about?

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Krishna D/O Shri Radheyshyam, Wife of Harilal, v. State of Rajasthan

Case brief

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What the court decided

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