What Is The Age For Court Marriage In India?
Date : 21 Aug, 2023
Post By admin
Marriage is an essential institution in Indian civilization, and it is seen as a holy link between two people. However, due to a variety of problems such as societal, religious, or economic constraints, many couples may be unable to marry through the traditional process. Court marriage is a realistic option in such instances.
Court marriage is a legal union between two people that is recorded through a court of law rather than through a religious or traditional ceremony in India. In India, court marriages are governed by the Special Marriage Act of 1954, which permits couples to marry regardless of caste, religion, or creed.
Court marriages are prevalent throughout the country and follow the procedure outlined in the Act. The marriage is performed without regard for caste, creed, or religion by the marriage authority. It is a legally constituted marriage. To obtain their marriage certificate, the bride and groom can simply submit a court marriage application to the marriage officer. The court marriage can be registered at the marriage officer's office in the area/jurisdiction where the bride or groom resides.
Read our detailed guide on Is Court Marriage in One Day Possible
The Indian government has taken many steps to address the issue of child marriage and to raise awareness and education about it.
Minimum Age For Court Marriage In India
To marry in India, girls must be 18 years old and boys must be 21 years old. Under the Special Marriage Act of 1954, males must be 21 years old and females must be 18 years old to marry. A male and female who are 21 years old or older can marry under the Special Marriage Act.
For example, if a female is under the age of 18 but over the age of 16, she can marry under the Special Marriage Act with the agreement of her parents or legal guardians. If the female is under the age of 16, she can marry with the consent of the court under the Special Marriage Act.
It is critical to note that the minimum age for court marriage in India is set to protect minors' interests. The law is intended to protect minors from being coerced into marriage, which can have major consequences for their physical, mental, and emotional well-being. Marriage at a young age can also jeopardize a minor's schooling and job prospects, particularly for girls.
In recent years, there has been an increase in child weddings in India. According to the National Family Health Survey (NFHS-4), women aged 20 to 24 in India married before the age of 18. This is a concerning development, as child weddings can have major consequences for young girls in areas of physical, mental, and emotional health. Many conditions compel these young women to drop out of school, lead to early pregnancies, and restrict their freedom.
The Indian government has taken many steps to address the issue of child marriage. The 2006 Prohibition of Child Marriage Act was passed to prevent child weddings and provide for the annulment of such marriages. The government has also initiated a number of measures to raise awareness and educate the public about the issue.
For example, if a female is under the age of 18 but over the age of 16, she can marry under the Special Marriage Act with the agreement of her parents or legal guardians. If the female is under the age of 16, she can marry with the consent of the court under the Special Marriage Act.
It is critical to note that the minimum age for court marriage in India is set to protect minors' interests. The law is intended to protect minors from being coerced into marriage, which can have major consequences for their physical, mental, and emotional well-being. Marriage at a young age can also jeopardize a minor's schooling and job prospects, particularly for girls.
In recent years, there has been an increase in child weddings in India. According to the National Family Health Survey (NFHS-4), women aged 20 to 24 in India married before the age of 18. This is a concerning development, as child weddings can have major consequences for young girls in areas of physical, mental, and emotional health. Many conditions compel these young women to drop out of school, lead to early pregnancies, and restrict their freedom.
The Indian government has taken many steps to address the issue of child marriage. The 2006 Prohibition of Child Marriage Act was passed to prevent child weddings and provide for the annulment of such marriages. The government has also initiated a number of measures to raise awareness and educate the public about the issue.
Steps For Court Marriage In India
Step 1: Marriage Notice:-
The parties (bride and groom) must give the marriage officer the court marriage application form to notify the intended marriage. Before 30 days of the anticipated marriage date, the notice of the intended marriage should be given as required in the Act's second schedule. It should be delivered to the marriage official in the area where either party to the marriage has lived for at least 30 days.
Step 2: The notice is published:-
The marriage officer will publish the notice of intended marriage filed by the parties by affixing it in a prominent location in the marriage officer's office. Anyone can object to the marriage after it is published within 30 days of its publication. If no objections are raised, the marriage will be performed by the marriage officer 30 days after the notice is published.
Step 3: Any objections to marriage:-
Anyone can object to the judicial marriage within 30 days of the notice of the prospective marriage being published. A person may file an objection to marriage with the marriage officer if the marriage violates any of the prerequisites for a court marriage. However, the opposition to marriage should be legal rather than personal. The marriage officer must inquire about the objection within 30 days of receiving it. After investigating the objection, the marriage officer may solemnize the marriage if it does not break any marriage conditions.
Step 4: Parties' and witnesses' declarations:-
When there are no objections to the marriage or when the objection is dismissed by the marriage officer, the parties must appear before the marriage officer and submit a declaration. In the presence of the marriage official, the parties to the marriage and three witnesses must submit the declaration provided in the third schedule of the Act. The declaration will also be countersigned by the marriage official.
Step 5 - Marriage Location:-
The marriage might take place at the marriage officer's office or another location within a reasonable distance chosen by the parties. If the parties choose another location for the wedding, they must pay the additional fees as specified. The marriage can be celebrated in any way the parties see fit.
Step 6: Marriage certificate:-
After the marriage is solemnized, the marriage officer will issue the marriage certificate. The marriage certificate must be signed by both spouses and three witnesses. The marriage certificate is conclusive proof of the union. The marriage official will record the wedding information in the marriage certificate book.
The parties (bride and groom) must give the marriage officer the court marriage application form to notify the intended marriage. Before 30 days of the anticipated marriage date, the notice of the intended marriage should be given as required in the Act's second schedule. It should be delivered to the marriage official in the area where either party to the marriage has lived for at least 30 days.
Step 2: The notice is published:-
The marriage officer will publish the notice of intended marriage filed by the parties by affixing it in a prominent location in the marriage officer's office. Anyone can object to the marriage after it is published within 30 days of its publication. If no objections are raised, the marriage will be performed by the marriage officer 30 days after the notice is published.
Step 3: Any objections to marriage:-
Anyone can object to the judicial marriage within 30 days of the notice of the prospective marriage being published. A person may file an objection to marriage with the marriage officer if the marriage violates any of the prerequisites for a court marriage. However, the opposition to marriage should be legal rather than personal. The marriage officer must inquire about the objection within 30 days of receiving it. After investigating the objection, the marriage officer may solemnize the marriage if it does not break any marriage conditions.
Step 4: Parties' and witnesses' declarations:-
When there are no objections to the marriage or when the objection is dismissed by the marriage officer, the parties must appear before the marriage officer and submit a declaration. In the presence of the marriage official, the parties to the marriage and three witnesses must submit the declaration provided in the third schedule of the Act. The declaration will also be countersigned by the marriage official.
Step 5 - Marriage Location:-
The marriage might take place at the marriage officer's office or another location within a reasonable distance chosen by the parties. If the parties choose another location for the wedding, they must pay the additional fees as specified. The marriage can be celebrated in any way the parties see fit.
Step 6: Marriage certificate:-
After the marriage is solemnized, the marriage officer will issue the marriage certificate. The marriage certificate must be signed by both spouses and three witnesses. The marriage certificate is conclusive proof of the union. The marriage official will record the wedding information in the marriage certificate book.
Fee For Court Marriage
The parties must pay the court marriage fee to the marriage officer's office. The cost of a judicial marriage varies by state. Court marriage fees typically vary from Rs.500 to Rs.1000.
Conclusion
Finally, in India, the minimum age for court marriage is 21 years for men and 18 years for women. There are exceptions to this law, and the minimum age might be waived in specific circumstances with the agreement of the relevant authorities. It is critical to recognize that the law is intended to safeguard kids' interests and to prohibit child marriages.The Indian government has taken many steps to address the issue of child marriage and to raise awareness and education about it.
