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2026 DAILYLAW 518 (RAJ)

MONIKA MEENA D/O SH.RAMJI LAL MEENA W/O SH. VISHNU KUMAR MEENA v. THE STATE OF RAJASTHAN

CRLW/855/2025 · 2026-04-08

Uma Shanker Vyas

body2026

Judgment text

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[2026:RJ-JP:14520] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 855/2025 1. Monika Meena D/o Sh.ramji Lal Meena W/o Sh. Vishnu Kumar Meena, Aged About 22 Years, R/o Village Digwada, Tehsil Rajgarh District Alwar, At Present R/o Byadval Ki Dhani, Village Neemla , Tehsil Rajgarh, District Alwar (Raj). 2. Rahul Kumar Sharma S/o Sh. Babu Lal Sharma, Aged About 23 Years, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). ----Petitioners Versus 1. The State Of Rajasthan, Through Secretary, Department Of Home Affairs Govt. Secretariat Jaipur. 2. The Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur. 3. The Superintendent Of Police, Alwar District Alwar. 4. The Deputy Superintendent Of Police, Rajgarh District Alwar. 5. The Station House Officer, Police Station , Tahla, Rajgarh, District Alwar (Raj). 6. Vishnu Kumar Meena S/o Sh. Banwari Lal, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). 7. Jagdish Meena S/o Sh. Unknown, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). 8. Rajendra Meena S/o Harikishan Meena, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). 9. Ramlal Meena S/o Sh. Unknown, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). 10. Dinesh Meena S/o Unknown, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). 11. Balram Meena S/o Sh. Banwari Lal Meena, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). 12. Yogesh Meena S/o Sh. Banwari Lal Meena, R/o Paidla Ki Dhani, Village Neemla, Tehsil Rajgarh District Alwar (Raj). 13. Ramji Lal Meena S/o Sh. Murli Meena, R/o Gram Digawada, Tehsil Rajgarh, District Alwar (Raj). [2026:RJ-JP:14520] (2 of 3) [CRLW-855/2025] 14. Sultan Meena S/o Sh. Unknown, R/o Village Davla, Tehsil Rajgarh, District Alwar (Raj). ----Respondents For Petitioner(s) : Mr. Pankaj Yadav, Adv., for Mr. Bharat Yadav, Adv. For Respondent(s) : Mr. Manvendra Singh Yadav, 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 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 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: [2026:RJ-JP:14520] (3 of 3) [CRLW-855/2025] “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 /11