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Prohibition of Child Marriage

Last updated on Jun 1, 2022

Child marriage is an age old practice in India. To address this social issue, the law prohibits people from performing child marriages and lays down punishments for those involved in conducting the marriage. 

 

However, if a child has been married, the law does not immediately make the marriage illegal. The child so married has the option to cancel the marriage or continue the marriage.

 

According to certain personal laws (laws that govern different religions on aspects like marriage, divorce etc.), in India, marriage is allowed after the child has attained puberty. This can happen before the child has turned 18 years (in case of girls) or 21 years of age (in case of boys). On several occasions, Courts have held that such marriages conducted under personal laws would not be illegal. However, the child married under such laws would still have the option to cancel their marriage as per the child marriage law. 

 

However, in certain circumstances, some child marriages are considered to be absolutely illegal. 

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Under Christian law, a minor is defined as someone below the age of 21 years, and is not a widow or widower.

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Where a child marriage has taken place, the person who was a child at the time of marriage has an option to cancel the marriage.

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After receiving credible information, the Court can issue an order prohibiting a child marriage from being conducted.