If the bridegroom is 21 years and bride is 22 and they want to marry against the consent of their parents. What will be the cause for this? Can they marry?
Question from: Andhra Pradesh
Section 5 of the Hindu Marriage Act does not forbid a marriage if it has been solemnised against the consent of parents. If the age of the bridegroom is above 21 years and bride is above 18 years they can solemnise their marriage with their own consent. The consent of parents is not necessary or mandatory for such a marriage.
Consent of parents is not mandatory
Right to choose a life partner is now a fundamental right. The Supreme Court has held in the Shakti Vahini Case that the right to marry a person of one’s choice is a fundamental right under Article 21, 19(1)(a) and 14 of the Constitution of India.
Recently the Supreme Court has held that the consent of the family or community or clan was not necessary when two adults agree to marry each other.
In the Laxmibai Chandaragi case the Supreme Court has opined that the choice of an individual is an inextricable part of dignity, for dignity cannot be thought of where there is erosion of choice.
In Asha Ranjan v. State of Bihar (2017) 4 SCC 397; the Supreme Court has held that the right or choice is not is not expected to succumb to the concept of “class honour” or “group thinking”. Justice K.S. Puttaswamy v. Union of India once again the apex court opined that the autonomy of an individual inter alia in relation to family and marriage is integral to the dignity of the individual.
It is thus evident that adult men and women have the right to solemnise their marriage as per their wish and consent of parents is not mandatory at all. You can solemnise marriage without the consent of parents. If your parents initiate any false criminal proceeding like FIR for abduction then you should approach the High Court. The High Court will quash such proceeding on the ration of Lata Singh v. State of U.P., (2006) 5 SCC 475. You will get proper police protection if the threats are imminent.