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2026 DAILYLAW 1030 (RAJ)

SANJU DEVI D/O SHRI SITARAM BAIRWA, W/O SURENDRA KUMAR v. STATE OF RAJASTHAN

CRLW/1269/2025 · 2026-04-08

Uma Shanker Vyas

body2026

Judgment text

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[2026:RJ-JP:14521] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1269/2025 1. Sanju Devi D/o Shri Sitaram Bairwa, W/o Surendra Kumar, Aged About 28 Years, R/o Buntoli, Baniyala, Tehsil Lawan, District Dausa At Present R/o Ward No.10, Bahlor Tehsil Jamwaramgarh, District Jaipur 2. Ramavtar Bunkar S/o Shri Gordhan Bunkar, Aged About 29 Years, R/o Ward No.10, Bahlor, P.S. Raisar, Tehsil Jamwaramgarh, District Jaipur ----Petitioners Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur 2. Superintendent of Police, Jaipur Rural 3. SHO/ Nodal Officer, Police Station Raisar, Jaipur Rural. 4. Surendra Kumar Bairwa S/o Jagdish Bairwa, R/o Buntoli, Tehsil Lawan, District Dausa 5. Jagdish Bairwa S/o Puniram Bairwa, R/o Buntoli, Tehsil Lawan, District Dausa ----Respondents For Petitioner(s) : Mr. Mohar Pal Meena, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 08/04/2026 Heard learned counsel for the petitioners as well as the learned Public Prosecutor for the State. The present writ petition has been preferred by the petitioners seeking protection of their life and personal liberty. Upon perusal of the record, it transpires that petitioner No.1 is already married. The issue as to whether a live-in-relationship [2026:RJ-JP:14521] (2 of 2) [CRLW-1269/2025] between a married and an unmarried person is legally permissible and whether such persons are entitled to protection, has already been considered by a Coordinate Bench of this Court in Rashika Khandal & Anr. Vs. State of Rajasthan & Ors., reported in 2021 SCC Online Raj. 4296. In the aforesaid judgment, while taking into consideration law laid down by the Hon’ble Supreme Court in D. Velusamy Vs. D. Patchaiammal (2010) 10 SCC 469, it was held that such a relationship is not permissible and consequently, the petitioners are not entitled to seek protection. Relevant paras of the judgment in Rashika Khandal (supra) are reproduced hereinbelow: “2. 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. 3. The pre-requities for a live-in-relationship as held by the Apex Court in “D.Velusamy vs. D. Patchaiammal (2010) 10 SCC 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. 4. Criminal Miscellaneous Petition is accordingly dismissed.” Considering all the factual and legal position, this petition is liable to be dismissed. Hence, the criminal writ petition is dismissed. (UMA SHANKER VYAS),J YOGESH KUMAR /12