What is Legal Marriage Age & Court Process in India 2024

In India what is the legal age of a girl in India according to Law?

In India, the minimum legal age for a girl to get married is 18 years. In 2023, the the parliament has raised a concern related to legal age for a girl to marry and it made a proposal that the age should increase from 18 to 21 years. The only state which enforced  this bill is Himachal Pradesh in 2024, rest all state of India has not made the enforcement.

So, as it stands today:

• Girls: 18 years and above
• Boys: 21 years and above

Unless new legislation is passed and enforced, these are the ages you must meet to be legally married in India.

Can You Get Married Through Court Without a Religious Ceremony?

Yes, absolutely. If you want a secular, legally recognized marriage, court marriage is a great option. The enforcement of court marriage is governed by the Special Marriage Act, 1954 which allows people of different caste and religions to perform court marriage without any legal interference and rituals. 

Who Is Eligible for Court Marriage in India?

Here’s a quick breakdown of the eligibility criteria I came across:

• Bride must be at least 18, groom at least 21
• Both must be unmarried, widowed, or legally divorced
• No living spouse allowed if previously married
• The couple should not fall under prohibited relationships (unless customs permit)
• At least one person must have lived in the marriage officer’s jurisdiction for 30 days

The Documents You’ll Need (I Made a Checklist)

Here’s the list I compiled while reviewing actual court guidelines:

• Duly filled application form (signed by both)
• Proof of birth date (birth certificate, 10th mark sheet, passport, etc.)
• Address proof (Aadhaar card, electricity bill, rent agreement)
• Passport-size photographs (attested by a gazetted officer)
• Fee receipt for application
• Affidavits declaring:
  • Date of birth
  • Marital status (unmarried/divorced/widow)
  • That both parties are not related within prohibited degrees
• Proof of residence showing 30-day stay

Getting all these in order early will save you a lot of stress later—I learned that the hard way when helping a couple navigate last-minute issues.

Step-by-Step Court Marriage Procedure 

The court marriage procedure is based on Chapter II of the Special Marriage Act. It’s clear and rule-bound. Here’s how it works:

1. File a Notice of Intended Marriage

Submit a written notice to the Marriage Officer where at least one party has lived for the past 30 days. This is done under Section 5 of the Act.

2. Wait for Publication and Possible Objection

The Marriage Officer will publish your notice and wait for 30 days. Anyone can raise an objection during this time (Section 7).
If an objection is raised, the Officer has 30 days to investigate (Section 8). If it’s valid, the application can be rejected—but you can appeal to the District Court.

3. Proceed to Marriage if No Valid Objection

If there’s no valid objection, the marriage is solemnized. This happens:

• At the Marriage Officer’s office or another agreed location
• In the presence of three witnesses
• With both parties declaring their consent before the officer

When the declaration is made then marriage is registered and a certificate is issued. This certificate is legally binding and can be recognized all over India.

What is the legality of Religious Ceremony?

No, and that’s the beauty of the court marriage system. The only legal requirement is mutual consent and following the process laid down in the Act. There’s no need for rituals, community approval, or religious conversions.

If you’re someone looking for a neutral, law-based marriage—this is it.

Is there any change in the legal age of girls to get married?

In 2023 the bill was introduced which raises the concern on the legal age of girls to get married from 18 to 21, but it has not been done yet.

So legally speaking, the minimum age for girls is still 18.
That said, if this amendment is passed in the future, it will impact court marriages and customary marriages equally.

Final Thoughts: What I Learned About Marriage Age and Court Procedure

Here’s what you should remember:

• Girls can legally marry at 18, and boys at 21
• Court marriages are a legally secure and religion-neutral option
• The process involves 30 days of notice, document verification, and a formal declaration
• You don’t need a religious ceremony—it’s entirely your choice
• If you’re unsure or facing resistance, getting legal guidance can help.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

Legal Marriage Age for Girls in India? 

As of 2024, the legal age for girls to marry is 18 years. The proposal to raise it to 21 is still pending.

Court Marriage without a Religious Ceremony?

Yes! Court marriage is legal, secular, and doesn’t require any religious rituals.

Documents Needed for Court Marriage?

You’ll need ID proof, age proof, residence proof, passport-size photos, affidavits, and a filled application form.

Duration of the Court Marriage Process?

It takes around 30 days after submitting the notice, unless objections are raised.

Can Someone Object to a Court Marriage? 

Yes, anyone can object within 30 days of the notice. If the objection is valid, the marriage can be delayed or rejected.