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Rajasthan High Court Affirms Live-In Right for Consenting Adults Below Marriage Age

Invoking Article 21, the court required police to verify threats, extending protection if needed.

Overview

  • Justice Anoop Dhand issued the ruling while hearing a protection plea by an 18-year-old woman and a 19-year-old man from Kota.
  • The court held that the statutory marriageable age cannot curtail the fundamental right to life and personal liberty, and noted that live-in relationships are not illegal.
  • Public prosecutor Vivek Choudhary argued the man’s under-21 status should bar a live-in arrangement, a position the court rejected.
  • The petitioners said they executed a live-in agreement on October 27 and alleged death threats from the woman’s family, with no action taken on a complaint to Kota police.
  • The order directs the superintendents of police in Bhilwara and Jodhpur (Rural) to assess the threat and provide protection if required, with the judgment uploaded Thursday.