DATE OF JUDGEMENT:
10TH June, 2021
Justice Pankaj Bhandari
The following judgment deals with the question that whether in a live-in-relationship, where one person is already married can seek the protection of life and liberty under Article 21.
- The Rajasthan High Court recently observed that live-in-relationship between a married and unmarried person is not permissible
- The court held that such protection under Article 21 cannot be granted to the couple when one of them is married
- Therefore, the High Court of Rajasthan dismissed the appeal.
- Article 21of the Constitution of India states that no person shall be deprived of his life or personal liberty except according to procedures established by law.
The issue raised before the court was whether the plea of the couple who sought the protection of life and liberty under article 21 of the constitution was valid or not.
ANALYSIS OF THE JUDGEMENT
- Petitioners have filed this Criminal Miscellaneous Petition in the court seeking protection of life and liberty.
- A single-Judge bench of Justice Pankaj Bhandari observed that the petitioner Hemant Singh Rathore is already married and such protection cannot be granted to the couple when one of them is married as a live-in-relationship between a married and unmarried person is not permissible.
- The court further stated that the pre-requites for a live-in-relationship as established by the Supreme Court in the case of D Velusamy v. D Patchaiammal was thatthe 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.
- The court dismissed the Criminal Miscellaneous Petition was accordingly.
- the Rajasthan High Court in a similar case had directed police to protect a couple in a live-in relationship.
- In that case, the court stated that it is a well-settled legal position as established by the Supreme Court of India that the personal life and liberty of a person 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 adult individuals may be deemed as immoral and unsocial.
In this case, the High Court Observed that the protection given under Article 21 of the constitution does not apply to the petitioner of this case as one of the petitionersis already married and such protection cannot be granted to the couple when one of them is married.
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