What’s the Legal Age for Court Marriage in India?
In India, the minimum legal age to get married through court is 18 years for girls and 21 years for boys. This applies to all types of court marriages, regardless of religion or personal law. These age limits are set under the Prohibition of Child Marriage Act, 2006, along with the Hindu Marriage Act (1955) and Special Marriage Act (1954).
The key takeaway: if you’re planning a court marriage in India, both parties must meet these age requirements, and there are no exceptions—not even with parental consent.
Why Does India Have Different Marriage Ages for Boys and Girls?
The rationale behind these age limits stems from the government’s intent to ensure psychological and financial maturity before entering into marriage. The 21-year age for boys is based on the assumption that men need additional time to handle financial responsibilities and emotional complexities of married life. For girls, 18 years aligns with the age of legal adulthood under the Indian Majority Act (1875), though ongoing legislative discussions suggest raising this to 21 for gender parity.
The Prohibition of Child Marriage Act, 2006 specifically defines a “child” as anyone below 21 years (if male) or below 18 years (if female) to strengthen protections against underage marriages.
Can You Get Married Without Parental Consent in India?
Yes, absolutely. Once a girl reaches 18 or a boy reaches 21, they can marry without parental permission. This was legally established by the Supreme Court in the landmark case Lata Singh v. State of UP (2006), which ruled that “a major girl is free to marry any person she likes, and no one, including parents, can interfere.”
This applies whether you marry through court under the Special Marriage Act or through personal law (Hindu, Muslim, Christian, etc.). Many young adults use court marriage precisely because it doesn’t require family approval or religious ceremonies.
Legal Requirements for Court Marriage in India
To solemnize a valid court marriage in India, both partners must meet these eligibility criteria:
- Girl: Minimum 18 years of age
- Boy: Minimum 21 years of age
- Marital Status: Both must be unmarried, widowed, or legally divorced (no living spouse)
- Relationship: Partners should not fall within prohibited degrees of relationship
- Consent: Marriage must be done willingly, without force or fraud
- Residence: At least one partner must have lived in the marriage officer’s jurisdiction for 30 days before filing notice
What Happens if You Marry Below the Legal Age?
Child marriages in India are illegal and carry serious legal consequences:
| Violation | Consequence |
|---|---|
| Girl marries below 18 / Boy below 21 | Marriage is voidable (can be annulled) |
| Male adult (18+) contracts child marriage | Up to 2 years rigorous imprisonment + fine up to ₹1 lakh |
| Person solemnizing child marriage | Up to 2 years imprisonment + fine up to ₹1 lakh |
| Parents/guardians promoting child marriage | Up to 2 years imprisonment + fine up to ₹1 lakh |
| Attending/participating in child marriage | Punishable under the Prohibition of Child Marriage Act |
The person who was underage at the time of marriage can file for annulment within two years of attaining majority (age 20 for girls, 23 for boys, though proposed amendments may extend this).
Recent Legal Changes: The 2025 Amendment Bill
The Prohibition of Child Marriage (Amendment) Bill, 2025 (introduced in Parliament) proposes strengthening enforcement without changing the current age limits. Key proposed changes include:
- Enhanced penalties: Increased imprisonment terms for those contracting or solemnizing child marriages
- Special Courts: Dedicated courts for speedy trials of child marriage cases
- Central Reporting Portal: Digital platform for reporting and monitoring child marriage cases
- Support mechanisms: Rehabilitation and compensation funds for child marriage victims
Note: As of now, the national age limits remain 18 for girls and 21 for boys. However, Himachal Pradesh already passed a state-level amendment in 2024 raising the female marriage age to 21 years.
Common Questions Answered
Q: Can a 19-year-old girl marry without her parents’ permission in India?
A: Yes. At 18, a girl is legally an adult and can marry without parental consent under the Special Marriage Act or any personal law. Parents cannot legally prevent this marriage.
Q: Is court marriage legally recognized in India?
A: Yes, court marriages are fully legal and recognized across India. They’re secular, don’t require religious ceremonies, and are just as valid as religious or customary marriages. The marriage certificate issued by the court serves as proof of marriage.
Q: What if one partner is 21 and the other is 17?
A: The marriage cannot be solemnized. Both partners must meet the minimum age requirement at the time of marriage. If the 17-year-old turns 18, they can then marry after fulfilling the 30-day residence requirement.
Q: Can age requirements be waived by court order?
A: No. The Prohibition of Child Marriage Act, 2006 provides no exceptions to the minimum age requirement. Age limits are absolute and apply uniformly across all religions and personal laws.
Key Takeaway
In 2024-2025, the legal marriage age in India remains 18 years for girls and 21 years for boys. This applies to all court marriages, and parental consent is not required once you reach these ages. Violating these age limits carries serious legal consequences, including imprisonment and fines.
If you’re planning a court marriage, ensure both partners meet the age requirement and have lived in the marriage officer’s jurisdiction for at least 30 days. For specific legal guidance tailored to your situation, consult a family lawyer in your state.
Citations & Legal References
Prohibition of Child Marriage Act, 2006 – Section 2(a) and 2(c) | India Code
Lata Singh v. State of UP, Supreme Court (2006) – Right to marry as a fundamental right
Hindu Marriage Act, 1955 & Special Marriage Act, 1954 – Minimum age provisions
Prohibition of Child Marriage (Amendment) Bill, 2021 – Proposed changes to female marriage age
Legal Age for Marriage in India – Current law (2024)
Prohibition of Child Marriage Act, 2006 – Definition of child
Punishment provisions under Prohibition of Child Marriage Act, 2006
Court Marriage Procedure in India – Eligibility criteria
Shafin Jahan v. Asokan (Hadiya Case), Supreme Court (2018) – Right to marry at legal age
Special Marriage Act, 1954 – Marriage without parental consent
Himachal Pradesh Prohibition of Child Marriage Amendment Bill, 2024
Prohibition of Child Marriage (Amendment) Bill, 2025 – Parliamentary Bill
Marriage Officer Jurisdiction & 30-day residence requirement
