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Legal Age of Marriage in India
December 03, 2023- National Family Health Survey (NFHS-5 Data) Year 2019-21
- What was the legal age of marriage in India?
- The necessity for the legislation
- Which country has the lowest age of marriage?
- Which country has the highest age of marriage?
- Conditions for court marriage
- Documents required for court marriage in India
- Procedure for court marriage in India
- Court marriage fee
- How a lawyer can help you in a legal marriage
The permitted age for marriage for girls is 18 years and for boys, it is 21 years as prescribed by the Prohibition of Child Marriage Act of 2006, which strives to discourage child marriage and protect the rights and well-being of underage girls and boys.
Consult: Top Court-Marriage Lawyers in India
National Family Health Survey (NFHS-5 Data) Year 2019-21
The Indian Government conducts a large-scale demographic and health survey called the National Family Health Survey (NFHS). The survey conducted during the year 2019-21 provided the data about reproductive health and family which also included marriage and age of marriage in India. The data revealed that although there are fewer cases of child marriage in India still it's a concerning issue in many parts of the country. The data suggested advertising awareness about the legal age of marriage in India.
What was the legal age of marriage in India?
In 1823, the legal age of marriage was 21 years after this period it became 14 years for boys and 12 years for girls. At this this evil practices prevailed such as girl infanticide, Sati, polygamy child marriage, etc.
In 1929, the Child Marriage Restraint Act fixed the minimum age of marriage for girls to be 14 years and for boys 18 years. The Muslim Personal Law (Shariat) Application Act of 1937 implied no minimum age of marriage.
During this period the girls were married off between the age of 10-12 years. After independence, a significant change took place and the legal age for marriage was raised to 18 years for girls and 21 years for boys.
The necessity for the legislation
In June 2020, the Ministry for Women and Child Development conducted a study on female nutrition, child mortality, and mother mortality rates. They concluded that the legal marriage age should be raised to 21 years, thereby promoting gender equality. According to them, there is disparity in the legal age of marriage when the legal age to cast a vote, to enter into a contract, or to give consent in a sexual relationship is uniform .e., 18 years. In 2021, the Prohibition of Child Marriage (Correction) Bill was introduced in the Lok Sabha to alter the Act, increasing the legal marriage age for girls from 18 to 21 years.
Which country has the lowest age of marriage?
With the consent of their parents, the children of Equatorial Guinea and Sao Tome can marry at the age of 14 years, and if the consent is not given then they have to wait till 18 years.
Which country has the highest age of marriage?
In South Korea, the legal age of marriage for women is 31.5 years and for men, it is 34 years.
Conditions for court marriage
Under the Act, the marriage officer can formalize a court marriage between the bride and the bridegroom if the following conditions are satisfied at the time of marriage
The bride and the bridegroom-
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Must not have a living spouse.
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Must not be of unsound mind.
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Must not have a mental disorder.
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Must not be insane.
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Must have attained the age of 18 years and 21 years.
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Must not be in an illegal relationship.
Documents required for court marriage in India
At the time of court marriage, the couple must submit the following documents along with the application
An affidavit from the bride and the bridegroom separately containing all the details about-
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Birthdate
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Marital Status whether a widower/ unmarried/ divorcee
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Assurance that the couple is not in a forbidden relationship.
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Passport-size photos
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Residential Proof
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Copy of the notice
Documents required to be submitted by the witnesses at the time of marriage-
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Passport-size photo
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Copy of PAN Card
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Copy of identity proof
Procedure for court marriage in India
Notice of marriage- The bride and the bridegroom must fill out the court marriage application form which must include the planned date of marriage and it must be submitted to the marriage officer. The notice of the planned marriage must be given before 30 days from the planned marriage date.
Publication of notice- The marriage officer will then advertise the notice of marriage by attaching it to a noticeable place. After the publication, any person can object to the notice within 30 days of its publication. If there is no objection then the marriage officer can formalize the marriage after the expiry of 30 days.
Objection to marriage- From the date of publication of the notice till 30 days anyone can oppose the notice and such opposition must be on a legal basis and not on a personal basis. The marriage officer must enquire about the objection and if nothing is there to investigate then the officer can solemnize the marriage.
Declaration by parties and witnesses- When there is no opposition or the marriage officer dismisses the objection, the parties along with three witnesses must submit the declaration to the marriage officer, and such document must be signed by the parties and witnesses and countersigned by the marriage officer.
Place of marriage- The marriage can take place at the office of the marriage officer or any reasonable place as prescribed by the parties. But for this selection, they must pay some additional fee.
Certificate of marriage- The certificate of marriage is provided by the marriage officer to the parties and such certificate must be signed by the officer, both the parties and the witnesses. This certificate becomes the conclusive proof of marriage and the details of this certificate are entered in the marriage certificate book by the marriage officer.
Court marriage fee
The court marriage fee varies from state to state but in general, it ranges between Rs 500- Rs 1,000 and such fee should be deposited to the marriage officer at the time of marriage.
Advantages of court marriage
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It saves the extensive expenditures of wedding ceremonies.
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The parties can formalize their marriage as per their will.
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The procedure for court marriage is simple.
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Court marriage ensures that both parties consent to the marriage.
How a lawyer can help you in a legal marriage
LawRato provides extensive help for legal aspects related to marriage by connecting individuals with experienced lawyers to guide them through marriage laws and requirements.
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