Rajasthan HC: Adults can live-in together despite legal marriage age

The Rajasthan High Court has ruled that two consenting adults can live in a live-in relationship, even if they have not reached the legal age of marriage. The court clarified that the right to life and personal liberty under Article 21 of the Constitution cannot be taken away simply on this ground.

Post Published By: Sona Saini
Updated : 5 December 2025, 12:11 PM IST
google-preferred

Jodhpur: The Rajasthan High Court has granted two consenting adults the right to live in a live-in relationship, even if they have not reached the legal age of marriage. The court clarified that a person's constitutional rights cannot be restricted solely on the basis of not having reached the marriageable age. This decision was given on a petition filed by an 18-year-old woman and a 19-year-old man from Kota.

What was the case in the petition

The petitioners informed the court that they were living together of their own free will and had also entered into a live-in agreement on October 27. They stated that the woman's family members were opposing the relationship and threatening them with death. The petitioners sought protection from the Kota police, but the police did not take any action.

Rajasthan High Court Recruitment: Massive vacancies announced in Rajasthan High Court, apply quickly

Government's argument and the court's decision

On behalf of the government, Public Prosecutor Vivek Chaudhary argued that since the man is under 21 years of age, which is the legal age of marriage for men, he should not be allowed to be in a live-in relationship. The court rejected this argument and stated that the right to life and personal liberty under Article 21 of the Constitution cannot be taken away simply because the petitioners are not of marriageable age.

Live-in relationships and Indian law

The court stated that live-in relationships are neither prohibited nor considered a crime under Indian law. It was clarified that two consenting adults can live together of their own free will, and if their lives are in danger, it is the responsibility of the state to provide them with protection.

Allahabad HC: No security to couples who elope and marry

Security Directives

Justice Anoop Dhand directed the Superintendents of Police of Bhilwara and Jodhpur (Rural) to investigate the facts stated in the petition, assess the threat, and provide security to the couple if necessary. The court also stated that the police must ensure the safety of the petitioners and protect their rights to life and personal liberty.

This judgment sets an important precedent regarding the right to personal liberty and life for adult individuals. The court clarified that no one can be prevented from choosing their life partner merely because they have not attained the marriageable age. This decision is considered relevant not only in Rajasthan but also across the entire country in matters of live-in relationships and personal liberty.

Location : 
  • Jodhpur

Published : 
  • 5 December 2025, 12:11 PM IST