SHIVANI W/O SONU SINGH, D/O RAMRAJ v. STATE OF RAJASTHAN
CRLW/315/2026 · 2026-04-09
Uma Shanker Vyas
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1962 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1962 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:14931] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 315/2026
1. Shivani W/o Sonu Singh, D/o Ramraj, Aged About 27 Years, R/o 34, Village Kadiya Behad, Tehsil Ambah, Kadiya Beha, Murena At Present Residence 403, Ashok Nagar, Vatika Road, Near Gyan Vihar Library, Sanganer, Jaipur.
2. Lalit S/o Ramavtar Gupta, Aged About 38 Years, R/o B- 480, Jda Colony, Paldi Meena, Agra Road Jaipur, 303604. ----Petitioners Versus
1. State of Rajasthan, Through P.p.
2. The Director General Of Police, Jaipur, Rajasthan
3. Deputy Commissioner Of Police, Jaipur (East)
4. Station House Officer, Police Station Jamdoli, Jaipur (East)
5. Sonu Singh S/o Janak Singh, Aged About 30 Years, R/o 34, Village Kadiya Behad, Tehsil Ambah, Kadiya Beha, Murena. ----Respondents For Petitioner(s) : None present For Respondent(s) : Ms. Manju Dave, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order 09/04/2026 No one is present on behalf of the petitioners. Heard learned counsel for the petitioners as well as the learned Public Prosecutor for the State. The instant 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:14931] (2 of 2) [CRLW-315/2026] 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.” In view of law laid down in the aforesaid judgments of Hon'ble Supreme Court and the Rajasthan High Court, the present writ petition is liable to be dismissed. Consequently, the criminal writ petition is dismissed.
(UMA SHANKER VYAS),J YOGESH KUMAR /174