Unprecedented: High Court restrained a person from marrying another on petition of Live-in partner
Sunita Sharma Daughter Of Liladhar Sharma Vs State Of Rajasthan
S.B. Civil Writ Petition No. 8190/2019
About/from the judgment:
Rajasthan High Court restrained a person from marrying another when his live-in partner complained the breach of promise to marry.
A lady took divorce from her husband on the assurance of a person namely Balram who had wrongfully and by coercion entered into relations with the petitioner and had cohabited with her by giving her false assurances of marriage.
Initially, a rape case was filed but on the assurance of Balram, the lady had given a statement that she was not inclined to take the matter any further and therefore the concerned Magistrate had accepted the final report filed by the police.
In a subsequent development, the said Balram got selected as Income Tax Inspector and therefore he wanted to marry another girl. Now the lady approached the High Court with a request to stop the Balram from marrying the other girl on the premise that the she has been living with Balram as husband and wife in live-in relationship.
Learned counsel for the petitioner submits that live in relationship in the Indian society amounts to marriage and the society recognizes it only as a marriage and not in any other form and the respondent no.2, therefore, cannot be allowed to enter into second marriage as it will spoil the future life of the petitioner.
On such basis, the High Court directed issuance of notice to in the case where Balram and his would-be are also parties.
However, the High Court restrained the Balram from marrying and directed “In the meanwhile, the respondent no.2-Balram Jakhar is restrained from entering into marriage with any person including respondent no.3”.
Read the Judgment
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