Major Couple In Live-In Relationship Entitled To Protection Even If Boy Is Below 21 Years Of Age: Rajasthan High Court

 

The Rajasthan High Court recently directed the Nodal Officer of a police station to promptly decide representations seeking protection filed by a couple — an 18-year-old woman and a 19-year-old man — who feared threats from their family members due to their choice to live together. The couple had asserted that they wished to stay in a live-in relationship until they intended to marry, once the man reached 21; but their decision was met with hostility from the woman’s family, who allegedly threatened their safety. The couple alleged that their request for protection had been ignored by the police, prompting them to approach the High Court.

The Court observed that both petitioners were adults and emphasised that consenting adults choosing to live together could not be left at the mercy of family members intent on preventing their co-habitation, particularly when such consensual relationships were not criminal offences. The Court referenced prior cases from the Supreme Court, including circumstances involving live-in relationships among consenting adults, and noted that such relationships do not violate Indian law. The argument advanced by the respondents — that the relationship should not be permitted because the man had not attained the statutory marriageable age — was rejected by the High Court.

The Court held that the fundamental right to personal liberty and choice of life partner under the Constitution cannot be denied simply because either partner has not attained the statutory marriageable age for marriage. While marriage laws set the minimum age for formal marriage at 21 for men and 18 for women, adulthood under the law begins at 18. The High Court underscored that being adult sufficed for consenting partners to choose to live together, regardless of whether they are yet marriageable by law. The Court observed that live-in relationships between consenting adults are neither illegal nor punishable under Indian law.

Recognising the threat to the couple’s life and liberty, the Court directed the Nodal Officer to assess their representation without delay and — after analysing the threat perception — to pass necessary orders to provide adequate security and protection, if required. The Court disposed of the petition while making clear that the couple’s protection must be ensured in accordance with law.

This ruling thereby affirms that consensual live-in relationships between adults are legally permissible even if the parties have not reached marriageable age, and that individuals in such relationships are entitled to state protection if their life or personal liberty is threatened on account of their decision.

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