JAIPUR: The Rajasthan HC has held that two consenting adults have the right to be in a live-in relationship even if they have not attained legal age for marriage. The legal marriageable age for women in India is 18 years, and for men, 21. At 18, men and women are considered adults.. Justice Anoop Dhand delivered the judgment on Monday while hearing a protection petition filed by an 18-year-old woman and a 19-year-old youth from Kota. A copy of the order was uploaded Thursday. Both had approached the HC seeking police protection, stating they had entered a live-in relationship by mutual consent.‘Not of right age doesn’t mean one can be deprived of rights’Both had approached the high court seeking police protection, stating they had entered a live-in relationship by mutual consent. The couple executed a live-in agreement on Oct 27, 2025. However, the girl’s family opposed it and allegedly threatened to kill them. The petitioners told the court that despite submitting a written request to the police in Kota, no action was taken.Appearing for the state, Vivek Choudhary, the public prosecutor argued that since the boy had not completed 21 years of age, he could not legally marry, and, therefore, should not be allowed to be in a live-in partnership.However, the HC rejected this reasoning, observing that the “right to life and personal liberty” is guaranteed under Article 21 of the Constitution, and any threat to it amounts to a constitutional violation.Justice Dhand emphasized that the constitutional duty of the State is to protect the life and liberty of every citizen. “Only because the petitioners are not marriageable by law, they cannot be deprived of their fundamental rights,” the court observed.The court also said live-in relationships are neither illegal, nor an offense under Indian law, directing Bhilwara and Jodhpur (Rural) SPs to verify the facts mentioned in the petition, particularly the threat perception, and provide protection to the couple, if needed.
