Home | Legal Advice | Marriage law | Marriage when age of bridegroom is below 21 years

Marriage when age of bridegroom is below 21 years

Shivendra Pratap Singh



Reading Time:

I want to solemnise marriage but age of bridegroom is below 21 years. We are in a relationship for past 4 years. And we decide to get married. But the girl’s family doesn’t allow her to do so. They First emotionally black mailed her. But she doesn’t listen to them. And the next day she tried to escape with me and get married. But their parents make us fake promises that please come, we will do your marriage, please come soon. And the girl trusted her parents and went back home with me.

They told us to call your parents too. We will have a conversation with them about how to do this. And that they told us that they will solemnise our marriage after diwali. For my happiness my parents accept our relationship. But the girl’s father cheated the next day. He called me and my father to do a talk and then some relatives shouted at us to go back home.

We will not do marriage in another caste, and when the girl argues they start beating her with a belt.. Now they have locked her in a room and taken her cell phone also. My Name is XXX I ‘m 20 years old, and I’m a defence personnel. Her name is XXX, She is 21 years old. She is a “Baniya”. Please Help. What are the things I can do ? What are my rights?

Question from: New Delhi

Bridegroom’s age is below 21 years

You are incompetent to solemnise marriage under the Hindu Marriage Act. According to Section 5 of the Hindu Marriage Act the bridegroom must attain the age of twenty one years at the time of marriage. Currently your age is twenty years therefore, you cannot solemnize marriage. 

Offence under Section 18 of the Hindu Marriage Act

If you solemnise marriage you will commit an offence under Section 18 of the Hindu Marriage Act. That offence is punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both. However it does not render your marriage void but you will face criminal charges.

Conditions of a valid marriage

You should wait for one year then solemnise marriage according to the Hindu Marriage Act. Because you will become capable of fulfilling all the conditions of a valid Hindu Marriage.

You both are Hindus hence, you can solemnise marriage with your own consent. Section 5 of the Hindu Marriage Act does not forbid such a marriage which is solemnised against the consent of parents.

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely- 

  1. Neither party has a spouse living at the time of the marriage; 
  2. At the time of the marriage, neither party- a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or c) has been subject to recurrent attacks of insanity;
  3. The bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage;
  4. The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; 
  5. Parties are not sapindas of each other, unless the custom or usage governing each of them permits a marriage between the two.
shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Wife had sexual relations with a guy before the marriage

There is a girl who was live in relationship from last 2 years. She married a person and after marriage disclosed this fact. Her husband filed a petition under section 12(1) of HMA and a case of breach of trust and cheating was also filed against her. What are the...

Marriage against the consent of parents

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...

Married Hindu can marry a Muslim girl without divorce

Bigamy is banned by Section 5 of the Hindu Marriage Act. This section mandates that the marriage of a Hindu is void if he has a spouse living at the time of the marriage. If a married Hindu contracts Nikah with a Muslim girl with or without conversion, the Nikah will be void and he shall be prosecuted under Section 494 IPC for the offence of bigamy.

My sister in law hates my love affair

Personal view or observation of a person does not constitute domestic violence. The proceeding under Protection of Women from Domestic Violence Act cannot be initiated against the sister in law who is protesting the marriage of her sister in law with her brother. Such a protest does not amount to mental abuse defined under the DV Act.

I want to marry with my boyfriend at any cost

Marriage is a personal decision of a person. No one can force him to marry if he does not want to. In the Shakti Vahini case the Supreme Court has held that the right to choose a life partner is a fundamental right and no one can compel an adult person to marry with a particular person or a person of his choice.

My boyfriend does not accepting marriage

My boyfriend does not accepting marriage whereas, I solemnised marriage with him in a temple. We were in love for more than six years and we both were agree to marry. After the marriage, we were lived together for three months. We both are adult and working in a...

Section 29: Hindu Marriage Act 1955

Section 29: Savings (1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or...

Section 28-A: Hindu Marriage Act 1955

Section 28-A: Enforcement of decree and orders All decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and order of the court made in the exercise of its original civil jurisdiction for the time...

Section 28: Hindu Marriage Act 1955

Section 28: Appeal from decrees and orders (1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every...

Section 27: Hindu Marriage Act 1955

Section 27: Disposal of property In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.