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Legal Age for Marriage in India

Quick answer

The legal minimum age for marriage in India is 21 for men and 18 for women, under the Hindu Marriage Act, the Special Marriage Act and the Prohibition of Child Marriage Act, 2006. A marriage below these ages is a child marriage: it is voidable at the option of the child party, void in certain circumstances, and those who perform or promote it can be punished. Registration offices check age proof for both spouses.

Men
21 years
Women
18 years
Child marriage law
Prohibition of Child Marriage Act, 2006
Effect of child marriage
Voidable at the child's option; void in some cases
At registration
Date-of-birth proof for both spouses
A couple in traditional Indian attire standing together

The minimum age for marriage in India is one of the most important legal conditions, and one that registration offices check carefully. It protects young people, especially girls, from being married before they can make the decision for themselves. This guide explains the legal ages, what happens if they are not met and how age is proved at registration.

LawManWoman
Hindu Marriage Act, 1955, Section 5(iii)2118
Special Marriage Act, 1954, Section 4(c)2118
Prohibition of Child Marriage Act, 2006Child: below 21Child: below 18

Both parties must have reached the minimum age on the date of the marriage.

The Prohibition of Child Marriage Act, 2006

This Act defines a child as a male below 21 or a female below 18, and a child marriage as one where either party is a child. Its key features:

  • Voidable: a child marriage is voidable at the option of the party who was a child, who can petition to annul it, generally within two years of reaching majority.
  • Void in some cases: for example, where a minor was taken or enticed away from a guardian, or married through force, deceit or for trafficking.
  • Punishments: adults who perform, conduct, direct or promote a child marriage can be punished, and an adult man marrying a child can be punished too.
  • Maintenance and custody: the Act provides for maintenance for the girl and for custody and legitimacy of children.
  • Prevention: courts can issue injunctions to stop child marriages, and Child Marriage Prohibition Officers have duties to prevent them.

Was the age for women raised to 21?

A bill to raise the minimum age for women to 21 was introduced in Parliament in 2021 and referred to a committee, but it lapsed. At our last review, the legal age for women remains 18. Check for any later changes.

Age at registration

Delhi offices check that both spouses met the age requirement on the wedding date. Bring date-of-birth proof, such as:

  • birth certificate;
  • Class 10 certificate;
  • passport;
  • Aadhaar with a full date of birth (as supporting proof).

If dates differ across documents, explain it in your affidavit and, if the difference affects eligibility, take advice. See age proof for marriage registration.

Personal law questions

The Prohibition of Child Marriage Act is a general law. Courts have considered how it interacts with personal laws in particular cases, and judgments have differed in specific contexts. For registration in Delhi, offices apply the ages above. If your situation raises personal-law questions, take legal advice.

If you married underage

If one of you was below the legal age at the wedding:

  • the marriage may be voidable at the option of that party;
  • if you are both adults now and wish to remain married, take legal advice; one option may be to marry again lawfully, for example under the Special Marriage Act;
  • do not register a marriage with false age details; a false declaration can be an offence.

How to report or prevent a child marriage

If you know of a planned child marriage, contact:

  • the local police or emergency number 112;
  • Childline 1098;
  • the district’s Child Marriage Prohibition Officer.

Courts can issue injunctions to stop such marriages.

Why the law sets these ages

The minimum ages reflect the view that marriage requires maturity, consent and the ability to complete education and make life decisions. Early marriage, particularly of girls, is linked with interrupted education, early pregnancy and health risks, and reduced economic independence. The Prohibition of Child Marriage Act replaced the older Child Marriage Restraint Act, 1929 with stronger tools for prevention and remedy.

Age and the Special Marriage Act notice

For a court marriage, the notice of intended marriage records both parties’ ages, and the marriage officer checks them. If a party will reach the minimum age shortly, wait until they have reached it before giving notice, because the conditions must be met when the marriage is solemnised and the officer may refuse a notice that does not meet them.

Age disputes in documents

Sometimes documents show different dates of birth, for example because a school record was written from memory. Officers usually rely on the most authoritative document, such as a birth certificate or Class 10 certificate. If the difference matters for eligibility, the officer may ask for more proof or refuse registration until it is resolved. Fixing the document first is usually quickest.

The role of registration in preventing child marriage

One reason the Supreme Court directed compulsory registration in Seema v Ashwani Kumar was to help prevent child marriages. Recording the ages of the parties at registration creates a check, and makes it harder to hide an underage marriage. See Seema v Ashwani Kumar.

Common mistakes

  1. Calculating age on the registration date instead of the wedding date.
  2. Using Aadhaar with only a year of birth as the sole age proof.
  3. Different dates of birth across documents without explanation.
  4. Believing parental consent makes an underage marriage lawful.

Worked example: age checked at registration

Rohit was born on 10 March 2005 and married Anjali on 5 March 2026, five days before his 21st birthday. At registration, the officer notes that he was below 21 on the wedding date. They take legal advice and, after Rohit turns 21, marry again under the Special Marriage Act.

Worked example: preventing a child marriage

A teacher learns that a 16-year-old student is to be married. She calls Childline 1098, and the Child Marriage Prohibition Officer and police intervene to stop the wedding.

Key terms explained

  • Child marriage: a marriage where either party is below the legal age.
  • Voidable: valid until annulled by a court at the option of a party.
  • Void: invalid from the start.
  • Child Marriage Prohibition Officer: an official responsible for preventing child marriages.

One-line takeaway

The legal age is 21 for men and 18 for women on the wedding date; child marriages are voidable or void and punishable, and registration offices check age proof.

Check eligibility before you register

WedProof checks age and other conditions before you apply, so your registration rests on a lawful marriage. Use the form on this page for a free check.

Frequently asked questions

What is the legal age for marriage in India?

21 for men and 18 for women.

Is it the same for all religions?

The Prohibition of Child Marriage Act applies to all, and the Hindu and Special Marriage Acts use the same ages. Questions about personal law have been litigated; take advice in unusual cases.

What happens if someone marries below the legal age?

It is a child marriage. It can be annulled at the option of the child party, and is void in some circumstances. Adults who perform, conduct or promote it can be punished.

Can a child marriage be registered?

Registration offices check age. A marriage where a party was underage on the wedding date should not be registered as a valid adult marriage.

Has the age for women been raised to 21?

A bill to raise it to 21 was introduced in 2021 but lapsed. The legal age for women remains 18 at our last review.

What counts as age proof?

A birth certificate, Class 10 certificate, passport, or other accepted document with a full date of birth.

Can parents consent to an underage marriage?

No. Parental consent cannot make a child marriage lawful.

What if we were underage at marriage but are adults now?

Take legal advice. The child party may have a right to annul within a time limit; alternatively, the couple may marry again lawfully.

Who can I contact to stop a child marriage?

The police, the Child Marriage Prohibition Officer, the childline number 1098 or the emergency number 112.

Is the age counted on the wedding date?

Yes. Both must have reached the minimum age on the date of marriage.

Can a girl of 17 marry if she turns 18 soon?

No. She must be 18 on the wedding date.

Is the legal age different in Delhi?

No. The ages are set by central law and apply in Delhi as everywhere else.

Do both partners need to be 21 under the Special Marriage Act?

No. The man must be 21 and the woman 18.

Is a marriage of a 20-year-old man void?

Under the Prohibition of Child Marriage Act it is a child marriage, generally voidable at his option, unless circumstances make it void.

Can the SDM refuse registration on age grounds?

Yes, if a party was below the legal age on the wedding date.

Does a child marriage become valid automatically at 18 or 21?

Not automatically in every respect; the child party's right to annul runs for a period after majority. Take advice.

Sources

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