The Rajasthan High Court said that two consenting adults can be in a live-in relationship without attaining marriageable age.
Justice Anoop Dhand delivered the order while hearing a plea filed by an 18-year-old woman and a 19-year-old man from Kota. The young couple told the court they had entered a live-in relationship with mutual consent, but their families strongly opposed their decision and allegedly threatened them with physical harm. When their appeals for protection at the local police station went unanswered, they approached the High Court for relief.
Live-In Agreement and Legal Context
According to media reports, the couple had formalised their relationship by signing a live-in agreement on October 27, 2025.
In India, women are legally permitted to marry at 18 and men at 21. However, the court pointed out that at 18, both men and women are recognised as adults, capable of making their own choices under the law. Live-in relationships, the court emphasised, are protected under Article 21, which guarantees the right to life and personal liberty.
State’s Argument Opposing Live-In Relationship
Representing the state, Public Prosecutor Vivek Choudhary argued that since the young man had not yet reached the legal marriageable age of 21, he should not be allowed to be in a live-in partnership. The state contended that such a relationship indirectly violated existing marriage laws.
Court Upholds Fundamental Rights
Justice Dhand rejected this argument, stating that the state’s constitutional duty is to safeguard the life and liberty of every citizen. He said denying protection to consenting adults merely because they are not of marriageable age would amount to violating their fundamental rights. The court reiterated that live-in relationships are neither illegal nor an offence under Indian law.
Protection Directed for the Couple
The High Court instructed the Superintendents of Police of Bhilwara and Jodhpur (Rural) to verify the couple’s claims, particularly the threats they reported, and provide them protection if required.
