Can live‑in relationships start before marriage age? Rajasthan court weighs in
ET Online |
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Who moved the court
An 18 year old woman and a 19 year old man from Kota filed a protection plea after family threats. They voluntarily entered a live in relationship and signed a written live in agreement dated 27 October 2025. Police did not act on their complaint.
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State’s argument rejected
The State said the man is under 21 so he should not be allowed to cohabit. The court disagreed and said the ability to marry and the ability to choose how to live are distinct legal questions. Adulthood confers autonomy.
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What the judgment says
The court ruled that two consenting adults aged 18 plus can legally live together. Marriageable age is not the test for personal liberty. Live in relationships are not illegal or an offence in India. Choices of adults are protected by Article 21.
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Article 21 explained and the directions given to police
Article 21 of the Constitution protects the right to life and personal liberty. That includes choosing a partner and where to live. If both partners are 18 plus and consenting, the State should not interfere in their decision to cohabit. The court told district police to assess the threat, act as per law, and provide protection if risk is real. The order underlines the duty of the State to safeguard life and liberty of adults, regardless of marital status.
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What this changes and doesn’t change
It clarifies that adults can live together without meeting the marriageable age threshold. It reaffirms that live in relationships are legitimate choices and not criminal. Couples facing threats can seek court protection. It does not amend marriage laws or the statutory age for marriage. It does not grant live in relationships the same legal status as marriage in inheritance or spousal rights. It does not validate any relationship involving minors.
(With inputs from TOI)
(With inputs from TOI)