The High Court of Rajasthan, through learned judge, Justice Pankaj Bhandari in the case Rashika Khandal v. State of Rajasthan (S.B. Criminal Miscellaneous (Petition) No. 3023/2021) held that live-in-relationship between a married and unmarried person is not permissible.
BRIEF FACTS OF THE CASE: The petitioners filed the Criminal Miscellaneous Petition seeking protection of life and liberty. One of them was married whereas the other one was unmarried. (Petitioner No. 1, Rashika Khandal was unmarried whereas Petitioner No.2 was Hemant Singh Rathore married)
JUDGEMENT: The court remarked that a live-in-relationship between a married and unmarried person is not permissible. In this case, Petitioner No. 2, Hemant Singh Rathore was married. The court further remarked that the prerequisites for a live-in-relationship as held by the Apex Court in “D.Velusamy vs. D. Patchaiammal (2010) 10 SCC 469” was 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. The Criminal Miscellaneous petition was accordingly dismissed. Stay application was disposed of.
JUDGEMENT REVIEWED BY – AMRUTHA K