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2026 DAILYLAW 6399 (RAJ)

POOJA GURJAR D/O SHRE RAMNARAYAN GURJAR W/O GOPAL GURJAR v. STATE OF RAJASTHAN

CRLW/584/2026 · 2026-04-15

Uma Shanker Vyas

body2026

Judgment text

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[2026:RJ-JP:15709] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 584/2026 1. Pooja Gurjar D/o Shre Ramnarayan Gurjar W/o Gopal Gurjar, Aged About 22 Years, R/o Gurjaro Ki Dhani, Bachera, Malikpur, Malpura District Tonk, Rajasthan At Present R/o Sardana Ki Dhani, Dogra, Rasili, Mojmabad, Dudu District Jaipur Rajasthan. 2. Kanaram Gurjar S/o Shree Navratan Gurjar, Aged About 27 Years, R/o Sardana Ki Dhani, Dogra, Rasili, Mojmabad, Dudu District Jaipur Rajasthan. ----Petitioners Versus 1. State of Rajasthan, Through P.P. 2. Director General of Police, Rajasthan 3. Superitendent of Poice, Jaipur Rural, Rajasthan 4. Superitendent of Poice, Jaipur Rural Rajasthan 5. Nodal Officer, A.S.P., Jaipur District Jaipur 6. S.H.O. Police Station, Mojmabad, District Jaipur 7. S.H.O. Police Station, Pachewar, District Tonk 8. Vijay Gurjar S/o Shree Gopal Gurjar, R/o Katusara Village Araai, Tehsil Kishangarh, District Ajmer, Rajasthan 9. Ramnarayan Gurjar S/o Shree Ramdev Gurjar, R/o Gurjaro Ki Dhani, Bachera, Malikpur, Malpura, District Tonk, Rajasthan ----Respondents For Petitioner(s) : Ms. Seema Moyal, Adv., for Mr. Yunus Khan, Adv. For Respondent(s) : Ms. Manju Dave, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 15/04/2026 Heard learned counsel for the petitioners as well as the learned Public Prosecutor for the State. [2026:RJ-JP:15709] (2 of 3) [CRLW-584/2026] 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: “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 [2026:RJ-JP:15709] (3 of 3) [CRLW-584/2026] writ petition is liable to be dismissed. Consequently, the criminal writ petition is dismissed. (UMA SHANKER VYAS),J YOGESH KUMAR /126