The legal framework
Marriage is governed by personal law — the Hindu Marriage Act 1955, Muslim personal law, the Indian Christian Marriage Act, the Parsi Marriage and Divorce Act — or by the secular Special Marriage Act 1954, which requires 30 days' public notice. The Prohibition of Child Marriage Act 2006 sets the minimum ages and penalises those who arrange under-age marriages.
Key points
| Age | 18 for women, 21 for men; a bill to equalise at 21 has been pending |
|---|---|
| Polygamy | Permitted under Muslim personal law; prohibited and criminal for Hindus, Christians, Parsis and for anyone married under the Special Marriage Act. |
| Child marriage | Voidable at the option of the underage party, with penalties for those arranging it |
| Special Marriage Act | For interfaith and civil marriages; 30 days' notice, publicly displayed |
| Registration | Compulsory in most states; essential for visas, inheritance and property |
| Same-sex marriage | Not recognised; the Supreme Court declined in 2023 to read it into the law, leaving it to Parliament |
| Dowry | Giving or taking dowry is a criminal offence, though the practice persists |
| Bigamy | An offence for those governed by statutes prohibiting it |
| Special Marriage Act notice | Thirty days' public notice, which has been challenged as intrusive |
| Prohibition of Child Marriage Act | Marriage below 18 for women and 21 for men is voidable and an offence to arrange |
| Interfaith couples | Several states have added conversion-related procedural requirements |
In practice
- For a Special Marriage Act wedding, plan around the 30-day notice period and possible objections.
- Register the marriage and obtain the certificate — it is required for almost every subsequent formality.
- Interfaith couples facing family pressure can seek police protection; several High Courts have issued directions on this.
- Keep documentary proof of age for both parties.
- Register the marriage and obtain the certificate: it is required for passports, visas and banks.
- Interfaith couples should take advice on which Act to marry under before giving notice.
Cost and coverage
Registration fees are low; the practical costs are documentary.
Recent changes
The Supreme Court's 2023 decision on marriage equality recognised the right of same-sex couples to cohabit and directed the government to examine entitlements, while leaving marriage itself to Parliament.
Where to go
- Office of the Registrar of Marriages in your district.
- District legal services authority for free legal aid.
- Women's helpline 181 for protection in forced marriage situations.
Worth knowing
The 30-day public notice under the Special Marriage Act has been criticised for exposing interfaith couples to family pressure. Some High Courts have held that displaying the notice publicly is not mandatory — worth raising if this is a concern. The thirty-day public notice under the Special Marriage Act exposes interfaith couples to pressure. Legal aid organisations can advise on protective options.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation