The Rajasthan High Court has ruled that two consenting adults have the right to live in a relationship even if they have not yet reached the legal age of marriage, stressing that constitutional rights cannot be curtailed on this ground.
Justice Anoop Dhand gave the verdict while hearing a protection application filed by an 18-year-old woman and a 19-year-old man from Kota, who told the court they were living together of their own free will.
The couple said in court that they entered into a housing agreement on October 27, 2025.
The petitioners alleged that the woman’s family was against the relationship and threatened to kill them, and that their complaint to the Kota police remained unresolved.
Public prosecutor Vivek Choudhary opposed the petition saying that since the man was under 21, the minimum legal age of marriage for a man, he should not be allowed in the apartment.
The court rejected the argument, stating that the right to life and personal liberty under Article 21 of the Constitution cannot be denied just because the petitioners are not of marriageable age.
“The state has a constitutional duty to protect the life and liberty of every individual,” the judge noted, adding that Indian law does not prohibit or criminalize live-in relationships.
Justice Dhand directed the Superintendents of Police of Bhilwara and Jodhpur (Rural) to verify the facts mentioned in the petition, assess the threat perception and, if necessary, provide the couple with the necessary protection.
