The legal age of marriage in India is 18 for women and 21 for men. That threshold comes from the Prohibition of Child Marriage Act, 2006, and it applies to every Indian citizen regardless of religion, and to Indian citizens marrying abroad.1India Code. The Prohibition of Child Marriage Act, 2006 Marrying below these ages exposes the adults involved to criminal penalties and gives the underage party the right to have the marriage annulled.
The Baseline Rule Under the PCMA
The PCMA is the central statute that fixes the marriage-age floor across the country. It defines a “child” as any male under 21 or any female under 18, and it prohibits the solemnization of any marriage involving a child.1India Code. The Prohibition of Child Marriage Act, 2006 Enforcement machinery exists at the state level through Child Marriage Prohibition Officers, who can approach courts for injunctions to stop a planned underage marriage.2India Code. Prohibition of Child Marriage Act, 2006 – Section 16, Child Marriage Prohibition Officers
How Personal Laws Line Up With the PCMA
Most of India’s religion-based personal laws set the same ages. The Hindu Marriage Act, 1955, which covers Hindus, Buddhists, Jains, and Sikhs, requires the groom to have completed 21 years and the bride 18 at the time of marriage.3India Code. Hindu Marriage Act, 1955 – Section 5, Conditions for a Hindu Marriage The Indian Christian Marriage Act, 1872, sets the same thresholds after amendment.4India Code. The Indian Christian Marriage Act, 1872 The Parsi Marriage and Divorce Act, 1936, invalidates any marriage where the male has not completed 21 or the female 18, and that rule follows a Parsi individual even after a change of religion or domicile.5India Code. The Parsi Marriage and Divorce Act, 1936
Couples who want a civil marriage outside any religious framework can marry under the Special Marriage Act, 1954, commonly used for interfaith and inter-caste marriages. The ages are unchanged: 21 for the male, 18 for the female.6India Code. Special Marriage Act, 1954 – Section 4, Conditions Relating to Solemnization of Special Marriages
The Muslim Personal Law Question
Muslim marriages are governed by the Muslim Personal Law (Shariat) Application Act, 1937, which directs that Muslim personal law applies to marriage and related matters.7India Code. The Muslim Personal Law (Shariat) Application Act, 1937 Traditional interpretation permits marriage on reaching puberty, which can be younger than 18 for girls. That sits in direct tension with the PCMA, and the question of which prevails has not been settled at the highest level.
In 2022, the Punjab and Haryana High Court upheld the marriage of a minor Muslim girl, ruling that a girl who had reached puberty or was 15 or older could marry under personal law. The National Commission for Protection of Child Rights challenged that ruling. In August 2025, the Supreme Court dismissed the challenge on procedural grounds, finding that the commission lacked standing, and explicitly declined to decide the underlying question.
What this means in practice: some High Courts have recognized marriages of Muslim minors under personal law, but the PCMA’s criminal penalties for the adults involved still apply. Anyone who arranges or participates in an underage marriage risks prosecution whether or not the marriage itself might be recognized under personal law.
If a Marriage Happens Below the Legal Age
A child marriage in India is not automatically invalid. The PCMA treats most underage marriages as voidable: the marriage stands unless the party who was underage seeks to have it annulled.8India Code. Prohibition of Child Marriage Act, 2006 – Section 3, Child Marriages to Be Voidable If nobody files, the marriage remains valid.
Filing for Annulment
Only the person who was a child at the time of the marriage can file, and the petition goes to a district court. The deadline is two years after reaching majority, so a woman must file before turning 20 and a man before turning 23.8India Code. Prohibition of Child Marriage Act, 2006 – Section 3, Child Marriages to Be Voidable If the person is still a minor when filing, a guardian or Child Marriage Prohibition Officer can file for them.
When a court grants the annulment, it also orders both sides and their parents or guardians to return any money, jewelry, and gifts exchanged during the marriage, or pay their equivalent value, after giving the affected parties a chance to be heard.8India Code. Prohibition of Child Marriage Act, 2006 – Section 3, Child Marriages to Be Voidable
When the Marriage Is Void From the Start
Some child marriages are void rather than merely voidable, and need no petition to undo. Under the PCMA, a marriage has no legal effect if the child was taken from the custody of a lawful guardian, forced or deceived into the marriage, or sold for the purpose of marriage.1India Code. The Prohibition of Child Marriage Act, 2006
Maintenance and Residence
On annulment, the court can order the male party, or his parents if he is also a minor, to pay maintenance to the female party until she remarries. The amount reflects her needs, the lifestyle she had during the marriage, and the paying party’s income, and can be a monthly sum or a lump sum. The court can also issue a residence order allowing her to remain in suitable housing until remarriage.1India Code. The Prohibition of Child Marriage Act, 2006
Children Born From the Marriage
Any child born from an annulled child marriage is legally legitimate. The PCMA is explicit: every child conceived before the annulment decree is treated as legitimate for all purposes, whether born before or after the annulment, with full inheritance rights and rights to maintenance under the family’s personal law.9India Code. Prohibition of Child Marriage Act, 2006 – Section 6, Legitimacy of Children Born of Child Marriages
Criminal Penalties on the Adults
The PCMA punishes the adults who make an underage marriage happen. The child who is married is never punished.
- An adult male who marries a minor faces up to two years of rigorous imprisonment, a fine of up to ₹1 lakh, or both.10India Code. Prohibition of Child Marriage Act, 2006 – Section 9, Punishment for Male Adult Marrying a Child
- Anyone who performs, conducts, directs, or abets the marriage faces up to two years of rigorous imprisonment and a fine of up to ₹1 lakh, with a defense available if they can prove they had reason to believe the marriage was not a child marriage.1India Code. The Prohibition of Child Marriage Act, 2006
- Parents or guardians who promote or permit the marriage face the same maximum penalty. Under the central law, women cannot be sentenced to imprisonment for this offense, though some state amendments have removed that protection.1India Code. The Prohibition of Child Marriage Act, 2006
- Violating a court injunction against a child marriage carries up to two years of imprisonment, a fine of up to ₹1 lakh, or both.1India Code. The Prohibition of Child Marriage Act, 2006
All offenses under the PCMA are cognizable and non-bailable. Police can arrest without a warrant, and bail is not automatic.
Documents That Prove Your Age at Registration
Registering a marriage requires documentary proof of date of birth. Commonly accepted documents include:
- Birth certificate issued by the Registrar of Births and Deaths or a municipal authority. This is the primary proof.11Passport Seva. Proof of Date of Birth – List of Acceptable Documents
- School leaving or matriculation certificate from a recognized school or educational board, showing the date of birth.11Passport Seva. Proof of Date of Birth – List of Acceptable Documents
- Passport, which serves as both identity and age proof.
- Election Photo Identity Card, accepted only if it shows the precise date and not just the year.11Passport Seva. Proof of Date of Birth – List of Acceptable Documents
Documents stored in DigiLocker carry the same legal weight as physical originals when used electronically, under the Information Technology Act, 2000.12DigiLocker. DigiLocker Ask Our Experts Acceptance of digital documents at local marriage registration offices varies in practice, so it is worth confirming with your registrar in advance if you plan to rely on them.
The Age-21 Proposal That Lapsed
In December 2021, the government introduced the Prohibition of Child Marriage (Amendment) Bill, which would have raised the minimum marriage age for women from 18 to 21 and extended the annulment window from two years to five. The bill was referred to a parliamentary standing committee and never returned for a vote. It lapsed when the Lok Sabha was dissolved ahead of the 2024 general elections. As of 2026, it has not been reintroduced, and the current legal ages remain 18 and 21.