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These relationships are purely illegal, anti-social- Protection to widow living with a married man denied

These relationships are purely illegal, anti-social- Protection to widow living with a married man denied

Seema Devi and Anr Vs State of Rajasthan and Ors

Rajasthan HC


Criminal Miscellaneous (Petition) No. 4796/2021

About/from the judgment:

Denying police protection to a widow, who was living with a married man, the High Court observed that such a relationship between the petitioners don't come under the purview of a legal Live-in relationship and rather, such relationships are 'Purely Illegal' and 'Anti-Social'.

The Bench was hearing the protection plea of a widow and her partner (a married man) when it observed thus:

"Giving them the police protection would be recognizing their illegal relations and indirectly consenting to such illegal relations, which is not lawful, hence the request for police protection is rejected."

Case in brief

In the instant matter, the widow (petitioner number 1) submitted before the Court that after the death of her husband, she was left with 3 children and so, she decided to marry the man (petitioner number 2), who was living separately from his wife.

She also claimed that she married him in June 2021 according to Hindu customs and rituals and now they are living as Husband and Wife, however, private respondents are not happy with their relationship and harassing them, thus she (along with her male partner) sought police protection from the Court.

At the outset, the Court noted thus the alleged marriage between the widow and her male partner is void-ab-Initio, as the marriage of the man with his wife is susbsiting.

"Petitioner No. 2 (man) is already married. He has not taken divorce from his wife, that is, his first marriage is in place. Petitioner No. 1 is a widow, but the marriage so alleged by her to a person already married is void-ab-initio," the Court noted.

Read the Judgment


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