Can a minor boy get married to major girl ?
04-Jan-2023 (In Family Law)
Hello Sir One of my friend is 19.5 yrs old, want to marry a girl who is 23 yrs old with parents permission. If they can do & can register this marriage in state court or not?
as per hindu law. to get marry for boy age is 21 and for girl 18 years. so your 19.5 years ols friend have to wait for 21. unvoideble merriages can not register to any state or court
A minor cannot be legally wedded. After 21 years the boy can marry any unmarried adult woman, however older than the boy. in the present case the boy is minor and the girl has attained the age of marriage. The boy should wait till he attains the age of 21years.
The prohibition of Child Marriage Act states that a girl in India can't marry before 18 and boy can't marry before completing 21 years of age. This rule has been there since time immemorial and was perhaps kept taking in view the prevailing environment during that period of time. I could see only 2 possible reasons for this - in many cases (even today's times occasionally) you see girls married while they are still in college (After turning 18) and without a graduation in hand. On the other hand, by 21 years guys would have finished their graduation and be eligible for a job. In those days, very few women folk worked and in a way it made sense. Another factor is in any marriage usually you find the guy being older than the girl by at least a couple of years and based on that there could have been an approx 3 years age difference and the same could have been implemented for the purpose of marriage too. However not sure how much all of this is valid now. More number of people in India are being educated and only in remote cases especially in the bckward lower strata of society you see boys and girls getting married by the age of 21 and 18 respectively. Also things have changed nowadays and it makes sense to revisit the law and make it a constant age of maybe 21 years minimum applicable age of marriage for both boys and girls.
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