Adults can be in live-in relation without attaining marriageable age: HC

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 judgement while hearing a plea for protection filed by an 18-year-old woman and a 19-year-old man from Kota, who told the court that they were living together out of free will.

The couple told the court that they had executed a live-in agreement on October 27, 2025.

The petitioners alleged that the woman's family opposed the relationship and had threatened to kill them, and that their complaint to the Kota police went unaddressed.

 

Opposing the petition, public prosecutor Vivek Choudhary argued that because the man had not attained 21 years -- the minimum legal age for marriage for men -- he should not be permitted to be in a live-in arrangement.

The court dismissed the argument, saying the right to life and personal liberty under Article 21 of the Constitution cannot be denied merely because the petitioners are not of marriageable age.

"The state has a constitutional obligation to safeguard the life and liberty of every individual," the judge observed, adding that live-in relationships are not prohibited or criminalised under Indian law.

Justice Dhand directed the superintendents of police of Bhilwara and Jodhpur (rural) to verify the facts stated in the petition, assess the threat perception, and ensure necessary protection to the couple if required.