Friday, June 11, 2021

Live-in-relationship between married and unmarried person is not permissible: Rajasthan High Court


The court was hearing a plea by a couple who sought the protection of life and liberty.

A single-Judge bench of Justice Pankaj Bhandari noted that Petitioner no. 2 (Hemant Singh Rathore) is already married and such protection cannot be granted to the couple when one of them is married.

"From a 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," the court observed

The petition was dismissed by the court which observed that the pre-requites for a live-in-relationship as held by the Supreme Court in D Velusamy v. D Patchaiammal 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."

On June 7, the Rajasthan High Court in another case had directed police protection to be provided to a couple in a live-in relationship.

Justice Satish Kumar Sharma directed the police to ensure petitioners’ safety and reiterated their duty towards the protection of rights enshrined under the Constitution.

"It is well settled legal position as expounded by the Hon'ble Supreme Court of India in...that personal life and liberty has to be protected, except according to procedure established by law as mandated under Article 21 of the Constitution of India, irrespective of the fact that the relation between two major individuals may be termed as immoral and unsocial. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty-bound to protect the life and liberty of the citizens," the Court had stated in its order.

On a similar footing, the Allahabad High Court had also granted interim protection to a couple in a live relationship observing that no one should interfere with the "peaceful living" of the couple.

No comments:

Post a Comment