Jaipur: In a landmark judgment, the Rajasthan High Court has said that two adults who are not of the legal age of marriage are eligible to live together on the basis of consent, and stressed that their constitutional right cannot be curtailed.
Justice Anoop Dhand passed the verdict after supervising the petition filed by an 18-year-old girl and a 19-year-old boy from Kota, seeking protection.
The couple, who told the court that they have been living together since October 27 this year under an agreement, have been threatened with murder by the girl's family, who have objected to it. They have complained to the Kota police in this regard, but have not received any redress.
Opposing the couple's petition, government lawyer Vivek Chaudhary argued that men should be at least 21 years of age to get married. Since the young man is not that old, he should not be allowed to live together.
It was clearly stated that the right to life and personal liberty guaranteed under Article 21 of the Constitution cannot be taken away from the petitioner on the ground that he is not of legal age for marriage.
Stating that it is the constitutional responsibility of the government to protect the life and liberty of everyone, the judges stressed that there is no prohibition on cohabitation in the law of the country. It is also not a crime.
Meanwhile, they have directed the superintendents of Bhilwara and Jodhpur (rural) districts to verify the veracity of the facts mentioned by the petitioner and take action to provide protection to the couple, if necessary.