Live-In Relationship allowed even before marriageable age: HC

Kota | Desk: In a significant ruling, the Rajasthan High Court has clarified that there is no legal restriction on adult men and women living in a consensual live-in relationship, despite not having reached the legal age for marriage. A single bench of Justice Anup Dhand of Kota, declared this a constitutional right that cannot be violated.

The decision came during a hearing on a petition for protection from an 18-year-old woman and a 19-year-old man, who told the court that they were living together of their own free will and had entered into a live-in agreement on October 27th. The couple alleged that the girl's family was opposing their relationship and even threatening to kill them, despite which they received no assistance from the Kota police.

Government lawyer Vivek Chaudhary opposed the petition, arguing that the boy had not yet reached 21 (the minimum legal age for marriage for men), and therefore should not be allowed to live in a live-in relationship.

However, the court rejected the government lawyer's argument. Justice Dhand stressed that the right to life and personal liberty under Article 21 of the Constitution cannot be denied merely because a couple has not attained the marriageable age. He said, "The State has a constitutional obligation to protect the life and liberty of every citizen of the country." The Justice also remarked that live-in relationships are neither prohibited nor criminalized under Indian law.

The court directed the Superintendents of Police of Kota and Jodhpur (Rural) to investigate the facts stated in the petition, investigate the threats, and provide the couple with necessary security, if required.