Marriage Age For Girl In India In 2024

Court marriages in India, unlike marriages according to one’s customs, are done in accordance with the provisions of Special Marriage Act,1954, according to which, marriage could be solemnised in the court or in the presence of the marriage officer and three witnesses. In case you are considering getting married through court, it is advised that you seek legal advice from experienced court marriage lawyers. 

Eligibility

Persons belonging different genders from different castes, religions, place of birth etc. could marry through Court.

Conditions for court marriage

Various conditions which are required to be fulfilled for interested parties to register for court marriage-

• There shall be no pre-existing marriage, even in case there was, no living spouse should be there at the time of  applying for court marriage, if either party was married earlier, then at the time of court marriage, such party should either be a divorcee or a widower/widow.
• Male applying for the court marriage should have completed the age of 21 years while the female should be more than 18 years old or above.
• The parties applying for the court marriage should not fall within degrees of prohibited relationship, provided that the customs governing either of the parties allows so.

Documents required 

• Application form should be duly filled and signed by the parties
• Receipt of fees paid for the application form should also be attached
• Documents proving the date of birth of the parties.
• Documentary evidence proving the stay in the area under the jurisdiction of the marriage officer.
• Affidavits from both parties declaring- 
• Date of birth 
• Present marital status of the parties i.e. if they are unmarried, divorced or widow/er
• Affirmation from the parties, that they are not within the degrees of prohibited relationship as per the Act.
• Passport size photos of the parties duly attested by a gazetted officer

Procedure for Court Marriage

Provided under Chapter II of the Act of 1955, titled as “solemnization of special marriages”, the court marriage procedure could be understood as follows-

Notice for intended marriage

Under Section 5 of the Act of 1955, a notice is given to the marriage officer. The parties are required to provide the notice in writing and in the form as prescribed under the Second Schedule to the Marriage officer. The marriage officer so mentioned, must have  jurisdiction over the area where either of the parties have resided for a period not less than 1 month. For further information, it is advised to seek legal advice from experienced court marriage lawyers in your city.

Publication

The Marriage Officer should publish the notice in some inconspicuous part of his office.

All true copies of the notices would be kept in the Marriage Notice Book.

In case the parties are not residing in the area under the jurisdiction of the marriage officer, then in such a situation the marriage officer would send the copies of the notice to the marriage officer under whose jurisdiction either of the parties reside to be published in his office.

Objection

As provided under Section 7 of the Act, any person could raise an objection to such notice of marriage published in the office of the registrar. The objection could be raised on the grounds mentioned in Section 7  of the Act.

The objection to the marriage application must be raised within a period of 30 days from the publication of the notice.

The objection raised against the marriage application should be recorded in the Marriage Notice Book by the Marriage Registrar.

As provided under Section 8 of the Act, a marriage officer has a period of 30 days to enquire about the validity of such objections raised.

The court marriage will be solemnised if such objection was not found to be  valid.

However, in case the objection so raised was found valid by the Marriage officer then the application for marriage would be denied, but the matter could be taken into appeal before the District Court by the parties concerned.

Place of solemnisation

Under Section 12 of the Act, marriage could be solemnised at the office of the Marriage Officer or at a place within a reasonable distance.Marriage shall be valid only if both parties in the presence of the marriage officer declare that they are ready to get married to the other party and also three witnesses are present.

Marriage Age for Girls in 2023-24

Legal age for marriage in India was proposed to be amended in 2023, which advocated the  marriage age for girl from 18 to 21 years. But, the amendments have yet to be passed by the parliament and come into effect.

As of now, the marriageable age of girls in India is still 18 years old. 

Conclusion

As already mentioned in the above discussion, the legal age for marriage for boys is 21 years, while for girls, it is 18 years, however, the marriage age in India for girls is proposed to be increased from 18 to 21 years, which is yet to be amended. Currently the minimum legal age, however, at which the girls may get married is still 18 years. If you wish to seek legal guidance or further information regarding the procedure for court marriage or wish to talk to a lawyer or seek free legal advice for any matter related to the civil or criminal law, you may contact us at Lead India.