Suman Kumari Prajapat D/O Shri ... vs State Of Rajasthan ...

Citation : 2023 Latest Caselaw 5630 Raj/2
Judgement Date : 6 October, 2023

Rajasthan High Court
Suman Kumari Prajapat D/O Shri ... vs State Of Rajasthan ... on 6 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:27291]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2205/2023
1.     Suman         Kumari       Prajapat       D/o       Shri   Girraj
       Prajapat, Aged About 20 Years, R/o Muthepur,
       Police Station And Tehsil Todabhim, District
       Karauli (Raj.) 321611
2.     Vishnaram S/o Shri Cheema Ram, Aged About
       25 Years, R/o Radiya Talar Gida, Police Station
       Gida, District Barmer (Raj.)344034
                                                         ----Petitioners
                                Versus
1.     State      Of    Rajasthan,          Through         Its   Public
       Prosecutor.
2.     The Director General Of Police, Rajasthan,
       P.h.q. Lalkothi, Jaipur (Raj.).
3.     The Commissioner Of Police, Commissionerate
       Jaipur.
4.     The Superintendent Of Police, Balotra
5.     The Station House Officer (S.h.o.), Police
       Station Gida, District Balotra (Raj.)
6.     Balram S/o Shri Natholi, Aged About 22 Years,
       R/o Atkoli, Tehsil, Hindaun, District Karauli
       (Raj.).
7.     Natholi S/o Late Shri Harcharan, Aged About
       55 Years, R/o Atkoli, Tehsil, Hindaun, District
       Karauli (Raj.).
8.     Vishnu S/o Shri Natholi, Aged About 29 Years,
       R/o Atkoli, Tehsil, Hindaun, District Karauli
       (Raj.).
9.     Damodar S/o Shri Natholi, Aged About 25
       Years, R/o Atkoli, Tehsil, Hindaun, District
       Karauli (Raj.).
10.    Pintu S/o Shri Natholi, Aged About 20 Years,
       R/o Atkoli, Tehsil, Hindaun, District Karauli




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                                    [2023:RJ-JP:27291]              (2 of 2)                 [CRLW-2205/2023]


                                          (Raj.)                                      ----Respondents
For Petitioner(s) : Mr. Vishram Prajapati, Adv.
                                   For                      : Mr. Bhawani Shankar Sharma,
                                   Respondent(s)              P.P.


HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 06/10/2023 Petitioners have preferred this petition seeking protection of life and liberty.

From perusal of the record, it is revealed that Petitioner No.1 is already married. A live-in- relationship between a married and unmarried person is not permissible.

The pre-requities for a live-in-relationship as held by the Apex Court in "D. 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.

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

Stay application stands disposed.

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