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

Rajasthan HC

03/05/2019

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

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.