In a significant ruling, the Rajasthan High Court has held that two consenting adults have the constitutional right to live together in a live-in relationship even if they have not yet reached the legal age for marriage.

Justice Anoop Dhand delivered the judgment while hearing a protection plea filed by an 18-year-old woman and a 19-year-old man from Kota, who stated that they were living together out of free will and had executed a live-in agreement on October 27, 2025.

Petitioners Alleged Threats From Family

The couple informed the court that the woman’s family strongly opposed their relationship and had threatened to kill them. Their prior complaint to Kota Police allegedly received no action, prompting them to seek court-ordered protection.

Public prosecutor Vivek Choudhary opposed the plea, arguing that the man being under 21, the legal minimum age for marriage should not be allowed to remain in a live-in relationship.

High Court: Article 21 Protects Their Right to Live Together

Rejecting the argument, Justice Dhand stressed that:

The right to life and personal liberty under Article 21 cannot be denied merely because the individuals are not of marriageable age.

He further noted that live-in relationships are neither prohibited nor criminalised under Indian law, and the State is duty-bound to ensure the safety of its citizens.

Court Directs Police to Provide Protection if Needed

Justice Dhand directed the Superintendents of Police of Bhilwara and Jodhpur (Rural) to:

• verify the facts stated by the couple

• assess the threat perception

• provide necessary protection if required

The ruling reinforces that consenting adults upon attaining 18 years of age are free to make their own choices regarding companionship, irrespective of marriageable age restrictions.