Legal Age of Marriage in India
Table of Contents
1. National Family Health Survey
(NFHS) 2019-21
2.
What is
the legal minimum age for marriage in India
3.
The
importance of enacting marriage-related legislation
4.
Which
country has the lowest minimum marriage age
5.
Which
country has the highest minimum marriage age
6.
Requirements
for a court marriage
7.
Necessary
documents for court marriage in India
8.
The
process of getting married in court in India
9.
The fee
for a court marriage in India
10.
How a lawyer can assist you for in legal marriage
Under
the Prohibition of Child Marriage Act of 2006, the legal age for marriage is
set at 18 years for girls and 21 years for boys. This law aims to prevent child
marriages and safeguard the rights and welfare of minors.
National
Family Health Survey (NFHS) 2019-21
The Indian Government carries out a
comprehensive demographic and health survey known as the National Family Health
Survey (NFHS). The survey conducted between 2019-21 provided valuable data on
reproductive health and family matters, including marriage and the legal age of
marriage in India. The findings highlighted that while instances of child
marriage have decreased, it remains a significant concern in various regions of
the country. The data emphasized the need for increased awareness regarding the
legal age of marriage in India.
What is
the legal minimum age for marriage in India
In 1823, the legal marriage age was set at 21 years, but later it was
reduced to 14 years for boys and 12 years for girls. During this time, harmful
practices such as female infanticide, Sati, polygamy, and child marriage were
prevalent.
In 1929, the Child Marriage Restraint Act established the minimum marriage
age at 14 for girls and 18 for boys. However, the Muslim Personal Law (Shariat)
Application Act of 1937 did not specify a minimum marriage age.
At that time, girls were often married between the ages of 10 and 12. After
India gained independence, significant reforms were made, raising the legal age
of marriage to 18 for girls and 21 for boys.
The
importance of enacting marriage-related legislation
In June 2020, the Ministry of Women
and Child Development conducted a study on female nutrition, child mortality,
and maternal mortality rates. The study concluded that the legal age of
marriage should be raised to 21 years to promote gender equality. It pointed
out the inconsistency in the legal age of marriage, given that the legal age to
vote, enter into contracts, and give consent in sexual relationships is
uniformly set at 18 years. In 2021, the Prohibition of Child Marriage
(Amendment) Bill was introduced in the Lok Sabha to revise the law, raising the
legal marriage age for girls from 18 to 21 years.
Which
country has the lowest minimum marriage age
In
Equatorial Guinea and São Tomé, children can marry at the age of 14 with their
parents' consent. If parental consent is not provided, they must wait until
they reach 18 years of age.
Which
country has the highest minimum marriage age
In South Korea, the average legal
age for marriage is 31.5 years for women and 34 years for men.
Requirements
for a court marriage
According
to the Act, a marriage officer can solemnize a court marriage between the bride
and groom if the following conditions are met at the time of marriage:
- Neither the bride nor the
groom should have a living spouse.
- Both should be of sound
mind.
- Neither should have any
mental disorder.
- Neither should be declared
insane.
- The bride must be at least
18 years old, and the groom must be at least 21 years old.
- Both must not be involved in
an illegal relationship.
Necessary
documents for court marriage in India
At the
time of a court marriage, the couple must submit the following documents along
with their application:
An
affidavit from both the bride and groom, separately, providing details about:
- Date of birth
- Marital status (whether
widowed, unmarried, or divorced)
- A declaration that the
couple is not in an unlawful relationship
- Passport-size photographs
- Proof of residence
- A copy of the notice
Documents
required from the witnesses at the time of the marriage:
- Passport-size photograph
- Copy of PAN card
- Copy of identity proof
The
process of getting married in court in India
Notice of Marriage: Both the bride and groom must complete the court
marriage application form, which includes the planned marriage date, and submit
it to the marriage officer. The notice of the intended marriage must be given
at least 30 days before the proposed date of marriage.
Publication of Notice: The marriage officer will display the marriage
notice in a prominent location. After publication, any person may object to the
notice within 30 days. If no objections are raised, the marriage officer may
proceed with formalizing the marriage after the 30-day period.
Objection to Marriage: From the date of publication, anyone may object to
the notice within 30 days, but such objections must be based on legal grounds,
not personal reasons. The marriage officer will investigate any objections, and
if there is no valid reason to delay the marriage, the officer can proceed with
solemnizing it.
Declaration by Parties and Witnesses: If there are no objections or if
the marriage officer dismisses any objections, the parties and three witnesses
must submit a declaration to the marriage officer. This document must be signed
by the parties and witnesses, and countersigned by the marriage officer.
Place of Marriage: The marriage can take place either at the marriage
officer's office or at another reasonable location chosen by the parties.
However, selecting an alternate venue may require an additional fee.
Marriage Certificate: The marriage officer will issue a marriage
certificate to the parties. This certificate, signed by the officer, both
parties, and the witnesses, serves as conclusive proof of the marriage. The
officer will also record the details of the marriage in the marriage
certificate book.
The fee
for a court marriage in India
The court
marriage fee varies across states, typically ranging from Rs 500 to Rs 1,000.
This fee must be paid to the marriage officer at the time of the marriage.
Advantages of Court Marriage:
·
It helps
save the significant costs associated with elaborate wedding ceremonies.
·
The
couple can formalize their marriage according to their preferences.
·
The
process of court marriage is straightforward.
·
Court
marriage guarantees that both parties freely consent to the union.
How a lawyer can assist you for in legal marriage
Lawvs
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marriage laws and requirements. They provide support with various marriage
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