Rajasthan HC: Live-In Rights for Adults Below Marriage Age
Rajasthan HC: Live-In Rights for Adults Below Marriage Age
Rajasthan High Court affirms that two consenting adults can live together even if not of marriageable age, citing Article 21 and personal liberty.
The Rajasthan High Court has ruled that two consenting adults are entitled to be in a live-in relationship even if they have not yet reached the legal age for marriage, underscoring that constitutional rights cannot be curtailed on that ground. Justice Anoop Dhand delivered the judgment while hearing a protection petition filed by an 18-year-old woman and a 19-year-old man from Kota, who said they were living together by mutual consent and had executed a live-in agreement on October 27, 2025. The couple had sought police protection after their families opposed the arrangement and allegedly threatened to harm them.
During the hearing, the public prosecutor argued that since the boy had not completed 21 years, he could not legally marry, and therefore should not be allowed to be in a live-in partnership. The court rejected this reasoning, stressing that the right to life and personal liberty guaranteed under Article 21 cannot be denied merely because the petitioners are not “marriageable by law.” The judge highlighted the constitutional duty of the State to protect life and liberty for every citizen, noting that live-in relationships are neither illegal nor an offence under Indian law.
The court further directed the Superintendents of Police of Bhilwara and Jodhpur (Rural) to verify the facts of the petition, assess the threat perception, and ensure necessary protection to the couple if required. This decision signals a nuanced approach to personal autonomy, reinforcing that adults should have space to make intimate life choices without undue state interference while ensuring safety in cases of coercion or threat.
Experts say the ruling aligns with evolving understandings of relationships and individual rights within the framework of constitutional protections. By focusing on life and liberty rather than age alone, the court reinforces that fundamental rights remain intact even when age-related marriage laws are not yet satisfied. The decision stands as a notable moment in the broader conversation about autonomy, protection, and the role of law in safeguarding young adults pursuing consensual relationships.
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