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Minakshi vs State Of Rajasthan (2025:Rj-Jd:26892)
2025 Latest Caselaw 2854 Raj

Citation : 2025 Latest Caselaw 2854 Raj
Judgement Date : 6 June, 2025

Rajasthan High Court - Jodhpur

Minakshi vs State Of Rajasthan (2025:Rj-Jd:26892) on 6 June, 2025

[2025:RJ-JD:26892]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1669/2025

1.       Minakshi D/o Madanlal, Aged About 19 Years, R/o
         Meghwalo Ka Bas, Chirdhani, District Jodhpur (Rajasthan)
2.       Narpat Meghwal S/o Ugma Ram, Aged About 26 Years, R/
         o   Meghwalo     Ka    Bas,      Ransi      Gaon,       District   Jodhpur
         (Rajasthan)
                                                                    ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Secretary, Department Of
         Home Affairs, Govt. Of Rajasthan, Jaipur.
2.       Inspector General Of Police, Jodhpur.
3.       Superintendent Of Police, Jodhpur.
4.       Sho, Police Station Borunda, District Jodhpur.
5.       Sho, Police Station Pipar City, District Jodhpur.
6.       Birma Ram Meghwal S/o Bagda Ram Meghwal, R/o
         Meghwal Sanrakshak, Boarding Pipar, Jodhpur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rakesh
For Respondent(s)         :     Sriram Chodhary, PP



HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)

Order

06/06/2025

1. The criminal writ petition has been preferred by the

petitioners under Article 226 of the Constitution of India seeking

direction for being provided with adequate security and protection.

2. The petitioners, both being major persons, claim to be in a

live-in relationship. They submit that they are living with each

other against the wishes of their parents and thus, they feel

threatened at the hands of respondent no.6.

[2025:RJ-JD:26892] (2 of 3) [CRLW-1669/2025]

3. Petitioners, who are major and willingly living in a

relationship without entering into marriage, also cannot be denied

protection of their life and liberty since it is a fundamental right of

every citizen being part of Article 21 of the Constitution of India,

as has been observed by the Hon'ble Supreme Court in

S. Khushboo Vs. Kanniammal [(2010)5 SCC 600] and Joseph

Shine Vs. Union of India [(2019)3 SCC 39]. Thus, the petitioners

deserve protection of their life and liberty in accordance with law.

4. The documents pertaining to the age of the petitioners and

live-in-relationship agreement have been filed on record. Thus,

taking cue from the judgment rendered by the Hon'ble Supreme

Court in the case of Lata Singh Vs. State of U.P., reported in AIR

2006 SC 2522, the prayer made by the petitioners for directing

the Superintendent of Police, Jodhpur to provide protection to the

petitioners deserves to be accepted.

5. This Court, in exercise of its writ jurisdiction, is not inclined

to enter into examining the validity of legality of the relationship

of the parties. Therefore, it does not render any affirmation of

legality and validity of the status of parties under which they are

living together. However, keeping in mind the propositions of law

set forth by the Apex Court in a catena of judgments and in order

to protect the fundamental rights of the parties for their life and

liberty guaranteed under the Constitution, this petition is disposed

of with liberty to the petitioners to approach the Superintendent of

Police, Jodhpur for ventilation of their grievances.

6. In case the petitioners move any application, it is expected

from the Superintendent of Police, Jodhpur to take necessary

action to ensure that no illegal hindrance is caused to the peaceful

[2025:RJ-JD:26892] (3 of 3) [CRLW-1669/2025]

life and liberty of the petitioners by private respondents, who are

not agreeable to their relationship, but only after verifying the

facts, if required.

7. The Superintendent of Police, Jodhpur shall ensure that no

harm is caused to the petitioners, who are in a live-in relationship.

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

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

9. The criminal writ petition is accordingly disposed of.

(SANDEEP SHAH (VACATION JUDGE)),J 178-Love/-

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