Ashish Khandelwal S/O Shri Dhanna ... vs State Of Rajasthan ...
2023 Latest Caselaw 5713 Raj/2

[2023:RJ-JP:27551]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

        S.B. Criminal Writ Petition No. 569/2022

1.     Ashish        Khandelwal         S/o      Shri      Dhanna    Lal
       Khandelwal, Aged About 35 Years, R/o Bade
       Mandir Ke Pass, Itawa, Kota, Raj.
2.     Rajesh Kumari Meena D/o Shri Prahlad Meena
       W/o Shri Premraj Meena, Aged About 33
       Years, R/o Bade Mandir Ke Pass, Itawa, Kota
       Raj.
                                                          ----Petitioners
                                 Versus
1.     State Of Rajasthan, Through P.p.
2.     Station House Officer Police Station Itawa,
       Kota Rural, (Raj.)
3.     Superintendent Of Police Kota Range Kota,
       Raj.
4.     Premraj Meena S/o Shri Bajrang Lal Meena,
       Aged About 37 Years, R/o Vill. Kanwarpura,
       Shahnawda, Kota Raj.
5.     Kishan Gopal Meena S/o Shri Prahlad Meena,
       Aged About 46 Years, R/o Jaloda Khatiyan,
       Siswali Road, Kota.
6.     Dharmendra S/o Shri Prahlad Meena, Aged
       About 42 Years, R/o Jaloda Khatiyan, Siswali
       Road, Kota.
7.     Dinesh Meena S/o Shri Prahlad Meena, Aged
       About 30 Years, R/o Jaloda Khatiyan Siswali
       Road, Kota.
8.     Rakesh Meena S/o Shri Prahlad Meena, Aged
       About 27 Years, R/o Jaloda Khatiyan, Siswali
       Road, Kota.
                                                    ----Respondents

[2023:RJ-JP:27551] (2 of 2) [CRLW-569/2022]

For Petitioner(s) : Mr. Samarth Sharma, Adv.

                                   For                      : Mr. Ganesh Saini, P.P.
                                   Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 07/10/2023

Petitioners have preferred this petition seeking

protection of life and liberty.

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.

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.

Considering all the factual position, this petition

is liable to be dismissed. Hence, the criminal writ

petition is accordingly dismissed.

Stay application stands disposed.

(UMA SHANKER VYAS),J

DANISH USMANI /138

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