Rajasthan High Court - Jodhpur
Khatri Kusumben Mohanlal vs State Of Rajasthan (2025:Rj-Jd:26879) on 6 June, 2025
[2025:RJ-JD:26879]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1656/2025
1. Khatri Kusumben Mohanlal D/o Mohanlal, Aged About 23
Years, R/o Opp Dairy, Rampura Kallan, Tehsil Raipur, Pali
At Present R/o 475, Meghwalo Ka Bas, Jadan Khalsa,
Tehsil Marwar Junction District Pali Rajasthan
2. Kailash S/o Ghisaram, Aged About 22 Years, R/o 475
Meghwalo Ka Bas, Jadan Khalsa, Tehsil Marwar Junction
District Pali (Rajasthan)
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary Department Of
Home Government Of Rajasthan Jaipur
2. Superintendent Of Police, Pali
3. Station House Officer, Police Station Sojat District Pali
4. Mohanlal S/o Jeeta Ram Ji, Resident Of Village Rampura,
Ps Chandawal, District Pali Rajasthan
5. Pushpa W/o Mohanlal Ji, Resident Of Village Rampura, Ps
Chandawal, District Pali Rajasthan
6. Khemraj S/o Mohan Lal Ji, Resident Of Village Rampura,
Ps Chandawal, District Pali Rajasthan
7. Raj Kumar S/o Mohan Lal Ji, Resident Of Village Rampura,
Ps Chandawal, District Pali Rajasthan
8. Manju Devi W/o Khemraj, Resident Of Village Rampura,
Ps Chandawal, District Pali Rajasthan
----Respondents
For Petitioner(s) : Mr. Sanjay Kumar
For Respondent(s) : Mr. Lalit Kishore Sen, PP
HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)
Order
06/06/2025
[2025:RJ-JD:26879] (2 of 3) [CRLW-1656/2025]
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 nos.4 to 8.
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, Pali 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
[2025:RJ-JD:26879] (3 of 3) [CRLW-1656/2025]
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, Pali for ventilation of their grievances.
6. In case the petitioners move any application, it is expected
from the Superintendent of Police, Pali, to take necessary action to
ensure that no illegal hindrance is caused to the peaceful 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, Pali 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
139-divya/-
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