Before jumping towards the Court marriage age in India, it’s better to understand Court marriages first. In India, we do not have a Uniform Civil Code as of now. This also means that marriages, among other things, are governed by personal laws. For instance, marriages among Hindus performed as per Hindu rituals are governed by the Hindu Marriage Act, 1955. For Muslims, there is Shariat law for governing ‘Nikah’. Then what happens in Court marriage? Some people even have doubts like ‘Is Court marriage a real marriage?’.
The answer to the aforementioned question lies with the Special Marriage Act, 1954. As the term suggests, the law deals with a special form of marriage wherein no Pandit or Qazi is required. The formalities are done by the Marriage Officer. The couple intending to marry has to present a notice of intended marriage to the Marriage Officer. The said notice is published and also kept in the Marriage Notice Book keeping open for objections. The marriage is solemnised in the presence of a Marriage Officer and three witnesses. The couple says to each other “I, (A), take the (B), to be my lawful wife (or husband)”. They get a marriage certificate which is signed by the parties and three witnesses.
Now that we know how it is different from religious marriages, let’s get back to the Court marriage age for boy and girl. It is crucial to note that codified marriage laws prescribe the age of marriage for parties regardless of being secular or religion specific. For instance, the Hindu Marriage Act also states the age for marriage to be 18 years for females and 21 years for males. The logic behind providing such age is to avoid child marriages, teenage pregnancies, etc.
Register Marriage Age for Girl
Section 4(c) of the Special Marriage Act provides that a female intending to marry under the Act should have completed the age of 18 years. Thus, any girl below the age of 18 years cannot undergo Court marriage. There is no upper age bar on marrying under the Act.
Court Marriage Age for Boy
Section 4(c) of the Special Marriage Act prescribes that a male who is intending to get married under the Act should have completed the age of 21 years. The age of Court marriage for boys is 21 years. Therefore, males of any age above 21 years can get married under the Special Marriage Act, be it a 27 year old or a 72 year old man.
FAQs around Legal Age for Marriage
Q- Can a boy marry before 21?
A- No. The Court marriage age for boys is 21 years under the Special Marriage Act. Thus, a male below the age of 21 years may get married as per customary/personal laws. However, neither the Special Marriage Act nor the Hindu Marriage Act allows males to get married before attaining 21 years.
Q- Can a girl marry under 18?
A- No. A girl cannot get married before attaining the age of 18 years under the Special Marriage Act.
Q- Can a Hindu boy do Court Marriage?
A- Yes. Any person regardless of his/her religion can get married under the Special Marriage Act. In fact, marriage under the Special Marriage Act is a prior choice for inter-religious couples not intending to renounce their religion.
Q- Can a man marry a woman older than him?
A- Yes, there is no such provision requiring a wife to be younger than her husband. There can be an age gap of n number of years, provided that both of them have attained the age of marriage.
