In a significant ruling affirming personal liberties, the Rajasthan High Court has declared that two consenting adults possess the right to be in a live-in relationship, even if they have not reached the legal age prescribed for marriage in India. The judgment, delivered by Justice Anoop Dhand, underscores the primacy of the fundamental right to life and personal liberty.
Court Rejects State's Argument on Age
The bench was hearing a protection petition filed by an 18-year-old woman and a 19-year-old man from Kota. The couple had executed a mutual live-in agreement on October 27, 2025. Facing opposition and alleged death threats from the woman's family, they sought police protection, claiming their written request to the Kota police had yielded no action.
Appearing for the state, Public Prosecutor Vivek Choudhary argued that since the young man had not completed 21 years of age—the legal marriageable age for men—he could not legally marry and therefore should not be permitted to be in a live-in partnership. The court, however, firmly rejected this line of reasoning.
Fundamental Rights Cannot Be Denied
Justice Dhand's judgment powerfully observed that the "right to life and personal liberty" guaranteed under Article 21 of the Constitution cannot be curtailed merely because the petitioners are not of a marriageable age by statute. "Only because the petitioners are not marriageable by law, they cannot be deprived of their fundamental rights," the court stated.
The order emphasized that it is the constitutional duty of the State to protect the life and liberty of every citizen, and any threat to it amounts to a constitutional violation. The court also explicitly noted that live-in relationships are neither illegal nor an offence under Indian law.
Court Directs Police to Provide Protection
In its operative directions, the High Court instructed the Superintendents of Police (SPs) of Bhilwara and Jodhpur (Rural) to verify the facts mentioned in the petition, with particular attention to the threat perception. The court directed the police to provide necessary protection to the couple if the threats were found to be genuine.
The judgment was delivered on Monday, and a copy of the detailed order was made available on the court's website on Thursday. This ruling reinforces the judicial recognition of live-in relationships and places the constitutional rights of individuals above rigid interpretations of age in the context of personal cohabitation between consenting adults.
