Adults can be in live-in relationship without attaining marriageable age, says Rajasthan High Court

In India, the legal age for marriage for women is 18 years, and for men, 21.

While hearing a petition filed by a young couple from Kota, the Rajasthan High Court said that two consenting adults can be in a live-in relationship without attaining marriageable age.

In India, the legal age for marriage for women is 18 years, and for men, 21. However, at 18, both men and wone are considered adults.  Citing Article 21 of the Constitution, the court stated that the right to life and personal liberty is guaranteed.

Justice Anoop Dhand delivered the judgment while hearing a protection petition filed by an 18-year-old woman and a 19-year-old youth from Kota. The couple had approached the HC seeking police protection, stating they had entered a live-in relationship by mutual consent. According to Times of India, the couple said that they had executed a live-in relationship agreement on 27 October 2025.

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 should not be allowed to be in a live-in partnership.

Justice Dhand said 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 stated as quoted by Times of India.

The court also said live-in relationships are neither illegal, nor an offence under Indian law. It directed 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.